Common use of Notices, Etc Clause in Contracts

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mail) and mailed, sent by overnight courier, telecopied, emailed, or delivered, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier fax or electronic maile-mail communication) and mailed, sent by overnight couriere-mailed, telecopied, emailed, faxed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 000 000xx Xxxxxx XX, Xxxxxxxx, Xxxxxxxxxx 00000, Attention: Chief Financial Officer; if to any Initial Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender Party; if to the Administrative Agent or the Collateral Agent, at its address at 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx Plaza 8th Floor, Charlotte, North Carolina 28288, Attention: Agency Services; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied e-mailed or sent by electronic mailfaxed, be effective when received (and, with respect to notices and communications sent deposited in the mails or transmitted by electronic fax or e-mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch Agent. Delivery by telecopier fax 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. Electronic mail and Internet and intranet websites may be used by the Administrative Agent and/or the Agents to distribute communications, such as financial statements and other information as provided in Section 5.03, and to distribute Loan Documents for execution by the parties thereto, and the Administrative Agent and the Agents shall not be responsible for any losses, costs, expenses and liabilities that may arise by reason of the use thereof, except for their own gross negligence or willful misconduct. The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices) purportedly given by or on behalf of the Borrower even if (a) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any form of notice specified herein, or (b) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify each Agent and each Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower in accordance with this Agreement, other than, with respect to any Agent or Lender, the losses, costs, expenses and liabilities that result from the gross negligence or willful misconduct of such Agent or Lender. All telephonic notices to and other communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Notices, Etc. All (a) Except where telephonic instructions or notices are authorized herein to be given, and except as provided in Section 10.03(c), all notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be in writing and (including telecopier except for financial statements and other documents to be furnished pursuant to Article VI hereof (with the exception of notices of the occurrence of an Event of Default or electronic mail) and mailedan Unmatured Event of Default which is continuing), which, if sent by overnight couriermail, telecopiedmay be sent by first-class mail, emailedpostage prepaid) shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or deliveredby facsimile or e-mail, and shall be deemed to be given for purposes of this Agreement (i) on the day that such writing is delivered or sent by facsimile to the intended recipient thereof in accordance with the provisions of this Section 10.03 (except that, in the case of facsimile, if not given during normal business hours for the Company recipient, shall be deemed to have been given at the opening of business on the next business day for the recipient) and (ii) in the case of e-mail, except as provided in Section 10.03(c), upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or the Secured Party, addressed to it at its address other written acknowledgment). Unless otherwise specified in a notice sent or delivered in accordance with the Letter foregoing provisions of Credit Agreement this Section 10.03, notices, demands, instructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (provided that any notices or to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxxtheir respective facsimile numbers or e-mail addresses) indicated on Schedule II hereto, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than telephonic instructions or notices, by calling the Company, addressed to it at its address set forth opposite telephone number or numbers indicated for such Grantor’s name party on the signature pages hereto or on the signature page to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any party, at such other address or to such other person as Schedule. Any notice delivered by e-mail shall be designated accompanied by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt copy of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except mail or by facsimile (provided that notices and other communications failure to the Secured Party deliver such copy shall not be effective until received by invalidate the Secured Party. Delivery by telecopier giving of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofsuch notice).

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either in writing (including telecopier or other electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, electronically transmitted or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 0000 Xxxxx 00xx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000, Attention: Treasurer, with a copy to UGI Utilities, Inc., Xxx 000, Xxxxxx Xxxxx, XX 00000, Attention: General Counsel; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Assumption pursuant to which it became a party heretoLender; and if to the Agent or the Issuing Lender, at its address at 0000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxx 00000, Attention: Xxxxxxx D’Ginto with a copy to PNC Bank, National Association, PNC Firstside Center, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, XX 00000, Attention: Agency Services; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, except in each case as otherwise provided in Section 8.02(b) and (c) below. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied mailed or sent by electronic mailelectronically transmitted, be effective when received (and, with respect to notices and communications sent deposited in the mail or confirmed by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)transmission, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent or the Issuing Lender pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier or other electronic imaging of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including telecopier or electronic mailcommunication by facsimile copy) and mailed, sent by overnight courier, telecopied, emailed, transmitted or delivered, in the case of the Company or the Secured Partyas to each party hereto, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 as follows: (i) if to the Security Agreement Supplement pursuant to which it became a party hereto; orBorrower: GWG DLP Funding II, as to any partyLLC, 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxxx, XX 00000, Attention: Xxxxx Xxxxx, Facsimile: 000-000-0000, Telephone: 000-000-0000, or at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties hereto; (ii) if to the Performance Guarantor, the Seller or the Master Servicer: 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxxx, XX 00000, Attention: Xxxxx Xxxxx, Facsimile: 000-000-0000, Telephone: 000-000-0000, or at such other address as shall be designated by such party in a written notice to the other parties hereto; (iii) if to the Agent or the Committed Lender: DZ BANK AG Deutsche Zentral-Genossenschaftsbank, New York Branch, 000 0xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Attention: Structured Finance-Asset Securitization, Facsimile: (000) 000-0000, Confirmation No.: (000) 000-0000, or specified in the Agent’s Assignment and Acceptance or at such other address as shall be designated by such party in a written notice to the other parties hereto; and (iv) if to the Conduit Lender: Autobahn Funding Company LLC, c/o DZ BANK AG Deutsche Zentral-Genossenschaftsbank, New York Branch, 000 0xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Attention: Structured Finance-Asset Securitization, Facsimile: (000) 000-0000, Confirmation No.: (000) 000-0000, or specified in the Lender’s Assignment and Acceptance or at such other address as shall be designated by such party in a written notice to the other parties hereto. All such notices and other communications shallshall be effective, when mailedupon receipt, be effective three or in the case of (x) notice by mail, five (5) days after being deposited in the United States mails, first-class postage prepaid, (y) notice by facsimile copy, when sent by verbal communication of receipt is obtained or (z) in the case of personal delivery or overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (anddelivered, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications pursuant to the Secured Party Article II shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofreceived.

Notices, Etc. All notices notices, requests and other communications ------------ provided for hereunder shall to any party under this Agreement shall, except as otherwise expressly specified herein, be in writing (including telecopier or electronic mailby facsimile) and mailed, sent mailed by overnight courierdelivery, telecopied, emailed, transmitted by facsimile or delivered: if to the Company, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 hereof or on the signature page to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties; if to any Lender, to its Domestic Lending Office specified opposite its name on Schedule 1.01(b) ---------------- or any other address as designated by such Lender to the Company, and the Agent; if to the Agent, to the office specified in Schedule 1.01(b) or such other ---------------- address as shall be designated by such party in a notice to the other parties. All such notices and other communications shallshall be effective, if transmitted by facsimile, when mailedtransmitted, be effective three days after being deposited in the mailsor, when sent if mailed by overnight courierdelivery or delivered, be effective one day after being sent by overnight courierupon delivery, and when telecopied or sent by electronic mail, be effective when received except that (and, with respect to a) notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other facsimile communications to the Secured Party Agent pursuant to Articles 2 or 10 shall not be effective until received by the Secured PartyAgent, ---------- -- and (b) any notice by facsimile to the Agent must be confirmed by telephone or mail. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto The Agent and the Lenders shall be effective entitled to rely and act upon any notices (including telephonic Borrowing Notices) purportedly given by or on behalf of the Company even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as delivery of an original executed counterpart understood by the recipient, varied from any confirmation thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, in the case of if to the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to Designated Subsidiary, at the attention of: Xxxxxx Company's address at Corporate Headquarters, 000 Xxxxxxx X Xxxxx, TelecopierXxxxxxx, Xxxxxxxxxxxx 00000-0000, Attention: Treasury Department, Fax No. (000) 000-0000; if to any Initial Lender, email xxxxxx_xxxxx@xxx.xxxat its Domestic Lending Office specified opposite its name on Schedule I hereto; Xxxxxxx Xxxxxxxif to any other Lender, Telecopierat its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Agent, at its address at Xxx Xxxx'x Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications, Fax No. (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent; provided that materials 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 other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at CONSOL Plaza, 0000 Xxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000-0000, Attention: Treasury (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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier telecopy or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivereddelivered or (y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), in the case of the Company or the Secured an electronic medium and delivered as set forth in Section 9.02(b), if to any Loan Party, addressed to it the Borrower at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofat 000 Xxxx Xxxx Xxxx, Xxxx Xxxx, XX 00000, Attention: Xxxxxx XxxxxXxxxx Xxxxxx, TelecopierJr., Fax: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxxE-mail Address: xxxxx_xxxxxx@xxxxxxx.xxx; 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 Collateral Agent or the Administrative Agent, at its address at Four World Financial Center, 000 Xxxxx Xxxxxx, New York, NY 10080, Attention: Xxxxxxx X. Xxxxxxx, TelecopierFax: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, TelecopierE-mail Address: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party heretoxxxxxxx_xxxxxxx@xx.xxx; or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, however, that materials and information described in Section 9.02(b) shall be delivered to the Administrative Agent in accordance with the provisions thereof or as otherwise specified to the Borrower by the Administrative Agent. All such notices and other communications shall, when mailed, telecopied, or e-mailed, be effective three days after being when deposited in the mails, when sent transmitted by overnight courier, be effective one day after being sent by overnight courier, and when telecopied telecopier or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch Agent. Delivery by telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto the Notes shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including telecopier and mailed or electronic mail) and mailed, sent by overnight courier, telecopied, emailedtelecommunicated, or delivereddelivered as to each party hereto, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 below or on the signature page to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties hereto. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Partyparty to whom such notice or communication is addressed. Delivery by telecopier Issuer  BXG Timeshare Trust I c/o Wilmington Trust Company Xxxxxx Square North 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Corporate Trust Administration Facsimile: (000) 000-0000  Depositor  Bluegreen Timeshare Finance Corporation I 0000 Xxxxxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxxx X. HerzPaul Xxxxxxxx, President & Assistant Treasurer Facsimile: (000) 000-0000 No Waiver; Remedies . No failure on the part of an executed counterpart the Depositor, the Issuer or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any amendment right hereunder preclude any other or waiver further exercise thereof or the exercise of any provision other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law. Binding Effect; Assignability . This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf of the Noteholders and the Depositor consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement or of any Security Agreement Supplement or Schedule hereto shall but such rights and remedies may be effective as delivery of an original executed counterpart thereofenforced only by the Issuer and the Indenture Trustee.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailtelegraphic communication) and mailed, sent by overnight courier, telecopied, emailed, telegraphed or delivered, delivered or (y) as and to the extent set forth in Section 9.02(b) and in the case of proviso to this Section 9.02(a), if to the Company or any other Borrower, at the Secured PartyCompany's address at 000 Xxxxxx Xxxx, addressed Middlebury, Connecticut 06749, Attention: Treasurer, with a copy to it General Counsel; if to any Initial Lender, at its address Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Two Penns Way, New Castle, 19720, Attention: Bank Loan Syndications Department; or, as to any partythe Company or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (v) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Company by the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing or confirmed in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: at Xxx Xxxxxx Xxxxx, TelecopierXxxxxxx, XX 00000, Attention: Treasurer; if to any Lender, at its Domestic Lending Office; and if to the Agent, at its address at 0000 Xxxxx Xxxx, OPS 0 Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Agency Operations (E-mail: xxxxxx.xxxxx.xxxxxxx@xxxx.xxx; Fax: 000) -000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, TelecopierTel: (000) -000-0000), email xxxxxxx_xxxxxxx@xxx.xxxwith a copy to Xxxx Xxxxxx (E-mail: xxxx.xxxxxx@xxxx.xxx; and Xxxxxx Xxxxxxxxxxxx, TelecopierFax: (000) -000-0000), email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and000 Xxxxxxxxx Xxxxxx, in the case of each Grantor other than the CompanyXxx Xxxx, addressed to it Xxx Xxxx 00000 and for compliance reporting, 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 party heretoE-mail: xxxxxxxxxxxxxxx@xxxx.xxx; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, be effective three days after being deposited in the mails, when (i) sent by hand or overnight couriercourier service, or mailed by certified or registered mail, shall be effective one day after being deemed to have been given when received or (ii) sent by overnight couriertelecopier shall be deemed to have been given when sent, and when telecopied or sent by electronic mailprovided that if not given during normal business hours for the recipient, shall be effective when received (anddeemed to have been given at the opening of business on the next Business Day for the recipient. Notwithstanding the foregoing, with respect to all such notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective deemed to have been given until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telecopy or electronic mailtelex communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: at 0000 Xxxxxx Xxxxxxxxx Xxx, Xxxx Xxxxx, TelecopierIndiana 46804, Attention: Xxxxx Xxxxxxxxxxxx (facsimile (000) 000-0000); if to any Initial Lender Party, email xxxxxx_xxxxx@xxx.xxxat its Domestic Lending Office specified opposite its name on Schedule I hereto; Xxxxxxx if to any other Lender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender Party; if to the Collateral Agent, at its address at 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, TelecopierXxxxxxxx 00000, Attention: Steel Dynamics, Inc. Account Manager (facsimile (312) 463-2300; and if to the Administrative Agent, at its address at 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, Attention: Steel Dynamics, Inc. Account Manager (facsimile (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, telegraphed, telecopied or telexed, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company, transmitted by overnight courier, be effective one day after being sent telecopier or confirmed by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailcommunication) and emailed and mailed, sent by overnight courier(i) if to the Borrower, telecopiedat the address of PPG at Xxx XXX Xxxxx, emailedXxxxxxxxxx, or deliveredXxxxxxxxxxxx 00000, in the case of the Company or the Secured Partyemail address xxxxxxxxx@xxx.xxx, addressed Attention: Treasurer, with a copy to it PPG at Xxx XXX Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, email address xxxxxxx@xxx.xxx, Attention: Senior Vice President and General Counsel; (ii) if to any Lender, at its at its address specified (or telecopy number) set forth in the Letter of Credit Agreement its Administrative Questionnaire; and (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered iii) if to the attention of: Xxxxxx XxxxxAdministrative Agent, Telecopier: (000A) 000-0000for Notices of Borrowing, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx XxxxxxxConversions, Telecopier: (000) 000-0000prepayments of Term Loans and terminations or reductions of Term Loan Commitments, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party heretoat BNP Paribas RCC Inc., 000 Xxxxxxxxxx Xxxxxxxxx, 0xx Xxxxx, Xxxxxx Xxxx, Xxx Xxxxxx 00000, Attention: Xxxx Xxxxxx, email address xxxx.xxxxxx.xxxxxxx@xx.xxxxxxxxxx.xxx and (B) for all other notices, at its address at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxxxxx, email address xxxxxxx.xxxxxxxxx@xx.xxxxxxxxxx.xxx; or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall, when mailed, telecopied or telegraphed, be effective three days after being when deposited in the mails, when sent by overnight couriertelecopied, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect delivered to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telegraph company, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelecopier) and mailed, sent by a prepaid nationally recognized overnight courier, telecopied, emailed, or delivered, if to any Obligor, then to such Obligor in the case care of the Company or the Secured PartyPacific Drilling Services, addressed to it Inc., at its address at c/o Pacific Drilling Services, Inc., 0000 Xxxx Xxx Xxxx., Xxxxx 0000, Xxxxxxx, XX 00000, Attention: Johannes (Xxxx) P. Boots, Vice President and Treasurer, Email: x.xxxxx@xxxxxxxxxxxxxxx.xxx, Fax: +0 000 000 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 Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party Lender; if to the Administrative Agent, at its address c/o Citibank, N.A. at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxx X. Xxxxxxx, Fax: +0 000 000 0000; if to the Issuing Bank, at its Notice Office specified opposite its name on Schedule I hereto; or, as to any partyPDL or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to PDL and the Administrative Agent. All such notices and other communications shall, when mailed, sent by a nationally recognized overnight courier, or telecopied, be effective three days after being when deposited in the mails, when sent by overnight delivered to such courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telecopied, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAdministrative Agent, as the case may be. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof. If any one or more Obligors are required herein to furnish or deliver any documents or notices such obligations shall be satisfied with respect to such Obligor to the extent such documents or notices are delivered or furnished by any other Obligor in the name of such Obligor or by and on behalf of any one or more of the Obligors in the name of such Obligor. Any notice or other communication by any one or more Obligors in connection herewith may be effectuated in the same manner. Each Obligor hereby irrevocably authorizes each other Obligor to deliver notices and documents on its behalf as provided in this paragraph. The Obligors agree that the Administrative Agent may make any communication available to the Lenders and the Issuing Bank by posting the communications on Intralinks, Fixed Income Direct or a substantially similar electronic transmission systems (the “Platform”). The Obligors acknowledge that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN ANY COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH ANY COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RESPECTIVE AFFILIATES OR ANY OF THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES OF THE ADMINISTRATIVE AGENT OR ITS RESPECTIVE AFFILIATES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO ANY LENDER PARTY, ANY OBLIGOR OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE TRANSMISSION BY ANY OBLIGOR, ANY LENDER PARTY, ANY OF THE AGENT PARTIES OR ANY OTHER PERSON OF ANY COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of any communications by the Administrative Agent at its email address set forth above shall constitute effective delivery of such communications to the Administrative Agent for purposes of the Loan Documents. Each Lender Party agrees that notice to it (as provided in the next sentence) specifying that any communications have been posted to the Platform shall constitute effective delivery of such communications to such Lender for purposes of the Loan Documents. Each Lender Party agree to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender Party’s email address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such email address.

Notices, Etc. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including telecopier and mailed or electronic mail) and mailed, sent by overnight courier, telecopied, emailedtelecommunicated, or delivereddelivered as to each party hereto, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 below or on the signature page to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties hereto. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Partyparty to whom such notice or communication is addressed. Delivery by telecopier Seller Bluegreen Vacations Corporation 0000 Xxxxxxxxxx Xxx Xxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxxxxx X. Xxxxx, Senior Vice President, CFO & Treasurer Facsimile: (000) 000-0000 Depositor Bluegreen Timeshare Finance Corporation I 0000 Xxxxxxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attention: Xxxxx X. HerzPaul Xxxxxxxx, President & Assistant Treasurer Facsimile: (000) 000-0000 No Waiver; Remedies. No failure on the part of an executed counterpart the Seller, the Depositor or any assignee thereof to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any amendment right hereunder preclude any other or waiver further exercise thereof or the exercise of any provision other right. The remedies herein provided are cumulative and not exclusive of any other remedies provided by law. Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor and its respective successors and assigns. Any assignee of the Depositor shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Seller may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Depositor and any assignee thereof. The Depositor may, and intends to, assign all of its rights hereunder to the Issuer and the Seller consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement or of any Security Agreement Supplement or Schedule hereto shall but such rights and remedies may be effective as delivery of an original executed counterpart thereofenforced only by the Depositor, the Issuer and the Indenture Trustee.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telecopy or electronic mailtelex communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 0000 Xxx Xxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000, Attention: Chief Financial Officer; if to any Lender, at its Applicable Lending Office specified opposite its name on Schedule I hereto, or specified in the Letter of Credit Agreement (provided that any notices Assignment and Acceptance pursuant to any Grantor in respect of Section 1 hereof shall also be delivered which it became a Lender; if to the attention ofAgent, at its address at General Electric Capital Corporation, 201 Xxxxxxx 7, Xxxxxxx, Xxxxxxxxxxx 00000, Attention: Xxxxxx XxxxxITC Account Manager, TelecopierXxxxxxxxx X. Xxxxxxx, Telecopier No.: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, TelecopierTelephone No.: (000) 000-00000000 with copies to: Weil, email xxxxxxx_xxxxxxx@xxx.xxx; and Gotshal & Xxxxxx, LLP, 000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000, Attention: Xxxxxx XxxxxxxxxxxxX. Xxxxxxx, TelecopierEsq., Telecopier No.: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; 0000 or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, telegraphed, telecopied or telexed, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company, transmitted by overnight courier, be effective one day after being sent telecopier or confirmed by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured Partysuch 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All Unless specifically provided otherwise in this Agreement, all notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailfacsimile) and maileddelivered by hand or overnight courier service, mailed or sent by overnight courierfacsimile, telecopiedif to any Borrower, emailed, or delivered, in the case of the Company or the Secured Party, addressed to it in care of FE at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx at 00 Xxxxx Xxxx Xxxxxx, Xxxxx, TelecopierXxxx 00000, Attention: Treasurer, Facsimile: (000) 000-0000; if to any Bank, email xxxxxx_xxxxx@xxx.xxxat its DomesticApplicable Lending Office specified opposite its name on Schedule I hereto; Xxxxxxx Xxxxxxxif to any other Lender, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its DomesticApplicable Lending Office specified 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 Assignment and Assumption pursuant to which it became a party Lender; if to the Administrative Agent, at its address at, Mizuho Bank, Ltd., Harborside Financial Center, 0000 Xxxxx Xxx, Xxxxxx Xxxx, Xxx Xxxxxx 00000, Attention: Xxxxx Xxxxxx, Phone: , Email: ; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to any each party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and other communications shallare received after the normal business hours of such party, when mailed, receipt shall be effective three days after being deposited in deemed to have been given upon the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient opening of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofrecipient’s next Business Day.

Notices, Etc. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including telecopier by telex, telegram or electronic mailtelecopier) and mailed, mailed or sent by overnight courier, telecopied, emailed, or delivered, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered if to the attention of: Xxxxxx XxxxxBorrower, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in at the case of each Grantor other than the Company, addressed to it at its address set forth opposite such Grantor’s name for the Borrower on the signature pages hereto 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 page pages hereof; if from the Administrative Agent to any Bank, at the Security Agreement Supplement pursuant to which it became a party heretoaddress of such Bank’s Domestic Lending Office; or, as to in any partycase, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties hereto (except in the case of the Borrower, as to which a change of address may be made by notice to the 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 other communications shallshall be effective, in the case of written notice, when mailed, be effective three days after being deposited in the mails, air mail, postage prepaid, and, in the case of notice by telex, telecopy, telegram or cable, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to addressed as set forth above. All notices and communications sent by electronic mailpursuant to Articles II, upon confirmation by the recipient of the receipt of such notice or communication)III, respectively; IX and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party X shall not be effective until they are received by the Secured Partyaddressee. Delivery by telecopier The Administrative Agent agrees to deliver promptly to each Bank copies of an executed counterpart of any amendment each report, document, certificate, notice and request, or waiver of any provision 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 or Agreement, including, without limitation, copies of any Security Agreement Supplement or Schedule hereto the reports to be delivered by the Borrower pursuant to Section 8.01(g). The Administrative Agent shall notify each of the Banks when all of the documents required to be effective as delivery of an original executed counterpart thereofdelivered to the Administrative Agent pursuant to Section 6.01 shall have been received by the Administrative Agent.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, delivered or (y) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement at 000 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, XX 00000, Attention: Don Grenseko (provided that any notices Telecopier: 312-222-3148), with a copy to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofSidley Austin LLP, at 0 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xx 00000, Attention: Xxxxxx Xxxxx, Esq. (Telecopier: (000) 000312-0000853-7036); if to any Initial Lender, email xxxxxx_xxxxx@xxx.xxxat its Domestic Lending Office specified opposite its name on Schedule I hereto; Xxxxxxx Xxxxxxxif to any other Lender, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its Domestic Lending Office specified in the case of each Grantor other than Assumption Agreement or 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 Assignment and Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i) or (ii) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise mutually agreed upon between the Borrower and the Agent. All such notices and other communications shall, when mailed, telecopied or e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent confirmed by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight couriermailed (return receipt requested), telecopied, emailedtelegraphed, telexed or delivered, in the case of if to the Company or to any Designated Subsidiary, at the Secured PartyCompany's address at 000 Xxxxxxxx Xxxx, addressed Xxxxxxxxxx, Xxx Xxxxxx 00000-0000, Attention: Assistant Treasurer; if to it any Initial Lender, at its address Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department, with a copy to 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: _______________; or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telecopy or electronic mailtelex communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in the case if to any of the Company or the Secured PartyBorrowers, addressed to it at its address at 000 Xxxx Xxxxxx Xxxxxx, 102-760, X.X. Xxx 0000, Xxxxxxxxxx, Xxxx 00000-0000, Attention: Treasurer, Telecopier No.: 000-000-0000; if to any Initial Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices Assignment and Acceptance pursuant to any Grantor in respect of Section 1 hereof shall also be delivered which it became a Lender Party; if to the attention of: Xxxxxx Syndication Agent, at its address at 0000Xxxxxxx Xxxxxxx, Xxxxx Xxxxx, TelecopierXxxxxxxxx, Xxxxxxxx 00000-0000, Attention: Xxxxxxx Xxxxxxx, Telecopier No.: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxxwith a copy to Xxxxx Xxxx, TelecopierOne Independence Center, 000 X. Xxxxx St., Charlotte, NC 28255, Telecopier No.: (000) -000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxxif to the Administrative Agent, Telecopierat its 135 address at 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, Attention: (Xxxx Xxxxx; Telecopier No.: 000) -000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any partythe Borrowers or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrowers and the Administrative Agent. All such notices and other communications shall, when mailed, telegraphed, telecopied or telexed, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company, transmitted by overnight courier, be effective one day after being sent telecopier or confirmed by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured Partysuch 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelegraphic communication) and mailed, sent by overnight courier, telecopied, emailed, telegraphed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofat 00 Xxxx Xxxxx Xxxxxx, Xxxxxx Xxxx, Xxxxxxxx 00000, Attention: Xxxxxx XxxxxTreasurer, TelecopierTelecopy No.: (000) 000-0000; if to any Lender party to this Agreement as of the date hereof, email xxxxxx_xxxxx@xxx.xxxat 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 Eleven Xxxxxxx XxxxxxxXxxxxx, TelecopierXxx Xxxx, Xxx Xxxx 00000-0000, Attention: Agency Department Manager, Telecopy No.: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other communications shall, when mailed, telecopied or telegraphed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect delivered to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telegraph company, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAdministrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement Agreement, the Notes or any other Loan Document or of any Security Agreement Supplement or Schedule Exhibit hereto and thereto to be executed and delivered hereunder and thereunder shall be effective as delivery of an original a manually executed counterpart thereof. Electronic mail and internet websites may be used only to distribute routine information such as financial statements and other information as provided in Section 5.01(a), (b) and (g) and to distribute this Agreement and the other Loan Documents for execution by the parties thereto, and may not be used for any other purpose, except as agreed to by the Administrative Agent.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be (x) in writing (including telecopier or electronic mailtelegraphic communication) and mailed, sent by reputable overnight courier, telecopied, emailed, telegraphed or delivered, delivered or (y) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address at 00000 Xxxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx, Xxxxxxxxx 00000, Attention: Xxxxxx X. Xxxxx, Senior Vice President and Chief Financial Officer, and Xxxxxxx X. Xxxxxxxxx, Director Treasury Operations and Finance, with copies to 00000 Xxxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx, Xxxxxxxxx 00000, Attention: Xxxxx X. Xxxxxxxx, 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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at JPMorgan Loan Services, JPMorgan Chase Bank, 00 Xxxxx Xxxxxxxx, 0xx Xxxxx, Xxxxxxx, XX 00000, Tel: 000-000-0000, Fax: 000-000-0000, email: xxxx.xxxxxx@xxxxxxxx.xxx, Attention: Xxxx Xxxxxx; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, delivered or (y) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement at 000 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, XX 00000, Attention: Don Grenseko (provided that any notices Telecopier: 312-222-3148), with a copy to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofSidley Austin LLP, at 0 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xx 00000, Attention: Xxxxxx Xxxxx, Esq. (Telecopier: (000) 000312-0000853-7036); if to any Initial Lender, email xxxxxx_xxxxx@xxx.xxxat its Domestic Lending Office specified opposite its name on Schedule I hereto; Xxxxxxx Xxxxxxxif to any other Lender, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its Domestic Lending Office specified 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 Assignment and Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i) or (ii) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise mutually agreed upon between the Borrower and the Agent. All such notices and other communications shall, when mailed, telecopied or e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent confirmed by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelecopy communication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, in : if to the case of the Company Borrower or the Secured PartyParent Guarantor: 00000 Xxxxxxxx Xxxx Xxxxxxxx, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofXxxxxxxx 00000 Attention: Xxxxxx X. Xxxxx, TelecopierGeneral Counsel Telecopy number: (000) 000-00000000 with a copy to: Xxxxxx Xxxxx, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx XxxxxxxTreasurer Sodexho Marriott Operations, TelecopierInc. 00000 Xxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Telecopy number: (000) 000-00000000 and: Xxxxx Xxxx & Xxxxxxxx 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx XxxxxxxxxxxxXxx Xxxx 00000 Attention: Xxxxxxxx X. Xxxxxx, TelecopierEsq. Telecopy number: (000) 000-00000000 if to any Initial Lender or any Initial Issuing Bank, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) andat its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the 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 Assignment and Acceptance pursuant to which it became a party heretoLender Party; and if to the Administrative Agent: Xxxxxx Guaranty Trust Company of New York 00 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Xxxxxxx X. Xxxxxx Telecopy number: (000) 000-0000 or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 shallshall be effective (i) if given by telecopy, when mailedtransmitted to the telecopy number referred to in this Section and confirmation of receipt is received, be effective three days (ii) if given by mail, 72 hours after being such communication is deposited in the mailsmails with postage prepaid, addressed as aforesaid or (iii) if given by any other means, when sent by overnight courierdelivered at the address referred to in this Section, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II or VIII shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailfax) and mailed, sent by overnight courier, telecopied, emailed, faxed or delivered, in if to the case of the Company or the Secured Party, addressed to it Borrower at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx at 0 Xxxxxxxxx Xxxxx, TelecopierXxxxxxxx, Xxxx 00000, Attention: Treasurer (fax: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopiertelephone: (000) 000-0000; email: xxxxxxx@xxx.xxx), email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopierwith a copy to the General Counsel (fax: (000) 000-0000; telephone: (000) 000-0000); if to any Initial Lender, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) andat its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified 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 Assignment and Assumption pursuant to which it became a party heretoLender; if to the Administrative Agent, at its address at Xxxxx Fargo Bank, National Association, 0000 X XX Xxxxxx Blvd, Charlotte, NC 28262, Mail Code: D1109-019, Attention: Syndication Agency Services (fax: 000-000-0000; telephone: 000-000-0000; email: xxxxxxxxxxxxxx.xxxxxxxx@xxxxxxxxxx.xxx); or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, shall be effective when delivered or received (and, with respect at the appropriate address or number to notices and communications sent by electronic mail, upon confirmation by the recipient attention of the receipt of such notice appropriate individual or communication)department, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAdministrative Agent. Delivery by telecopier fax or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailfacsimile) and mailed, sent by overnight courier, telecopied, emailed, faxed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 0000 Xxxx Xxxxxxxxx Xxxx., Xxxx Xxxxx, Indiana 46804, Attention: Xxxxxxx X. Xxxxxx (facsimile 260-969-3587); if to any Initial Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Assumption pursuant to which it became a party heretoLender Party; if to the Collateral Agent, at its address at PNC Bank, Three PNC Plaza, 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxxxx (facsimile 412-762-6484); and if to the Paying Agent, at its address at PNC Firstside Center, 000 Xxxxx Xxxxxx, X0-XXXX-00-X, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, Attention: Xxxxx Xxxxxx (facsimile 412-762-8672) and with respect to notices and/or deliveries pursuant to Section 5.03; or, as to any partythe Borrower or the Paying Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 Paying Agent. All such notices and other communications shall, when mailed, or faxed, be effective three days after being when deposited in the mails, when sent transmitted by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)facsimile, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch Agent. Delivery by telecopier facsimile or .pdf of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices (a) Except where telephonic instructions are authorized herein to be given, all notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be in writing writing, unless otherwise expressly specified herein, and shall be (including telecopier i) personally delivered or electronic mail) and mailed, sent by overnight courierregistered, telecopied, emailedcertified or express mail or postage prepaid, or deliveredby prepaid courier service, or by electronic mail (if the recipient has provided an email address) to the address or email address, as applicable, set forth with respect to such party on Schedule 6 (or, if not provided on Schedule 6 with respect to any party, such address or email address provided by such party in writing to the Administrative Agent), (ii) made available on the Collateral Agent’s website initially located at xxx.xx.xxxxxxxxxx.xxx (assistance using the website may be obtained by calling the Collateral Agent’s customer service desk at 000-000-0000 or (iii) in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor Lender, posted to an electronic system approved by or set up by or at the direction of the Administrative Agent, and shall in each case be deemed to be given for purposes of this Agreement on the day that such writing is received by the intended recipient thereof or posted in accordance with the provisions of this Section 12.02. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section 12.02, notices, demands, instructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (or to their respective email addresses) indicated in Schedule 6 (or, if not provided on Schedule 6 with respect of Section 1 hereof shall also be delivered to any party, such address or email address provided in writing by such party to the attention of: Xxxxxx XxxxxAdministrative Agent), Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than telephonic instructions or notices, by calling the Company, addressed to it at its address set forth opposite telephone number or numbers indicated for 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 party hereto; in Schedule 6 (or, as if not provided on Schedule 6 with respect to any party, at such other address telephone number or to such other person as shall be designated numbers provided in writing by such party to the Administrative Agent). Each party shall notify the Administrative Agent in writing of any changes in the address, telephone number or email address to which notices to such Person should be directed, and of such other administrative information as the Administrative Agent shall reasonably request. Notwithstanding anything herein to the contrary, when any notice is sent or delivered to the Borrower in accordance with this Agreement, reasonable efforts shall be made to also send a written copy of such notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofCollateral Manager.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelegraphic communication) and mailed, sent by overnight courier, telecopied, emailed, telegraphed or delivered, in the case of the Company or the Secured Partyif to any Borrowers, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofat 00 Xxxxx Xxxxx Xxxxxx, Suite 1900, Jacksonville, Florida 32202, Attention: Xxxxxx XxxxxTreasurer, TelecopierTelecopy No.: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxxwith a copy to: Corporate Secretary; if to any Lender party to this Agreement as of the date 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 Eleven Xxxxxxx XxxxxxxXxxxxx, TelecopierXxx Xxxx, Xxx Xxxx 00000-0000, Attention: Xxxxxx Xxxxx, Telecopy No.: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopieremail: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party heretoxxxxxx.xxxxx@xxxxxx-xxxxxx.xxx; or, as to any partyBorrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to each Borrower and the Administrative Agent. All such notices and other communications shall, when mailed, telecopied or telegraphed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect delivered to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telegraph company, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAdministrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement Agreement, the Notes or any other Loan Document or of any Security Agreement Supplement or Schedule Exhibit hereto and thereto to be executed and delivered hereunder and thereunder shall be effective as delivery of an original a manually executed counterpart thereof. Electronic mail and intranet websites may be used only to distribute routine information such as financial statements and other information as provided in Section 5.01(k), and to distribute Loan Documents for execution by the parties thereto, and may not be used for any other purpose, except as agreed to by the Administrative Agent.

Notices, Etc. All notices and other communications ------------- provided for hereunder shall be in writing (including telecopier telecopy, telegraphic, telex or electronic mailcable communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailedtelexed, cabled or delivered, if to the Borrower, to its address at 00000 Xxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000, Attention: Assistant Treasurer, Dept. 52/924.11, with a copy to the same address, Attention: Assistant General Counsel - Corporate Finance, Dept. 52/923; if to any Bank, to its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, to its Domestic Lending Office specified in the case of Assignment and Acceptance pursuant to which it became a Lender; and if to the Company or the Secured PartyAdministrative Agent, addressed to it at its address specified in the Letter of Credit Agreement at 0 Xxxxx Xxxxxx, Xxxx Xxxxxx Xxxx, Xxx Xxxx 00000, Attention: Xxx Xxxx (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxxor her successors), Telecopier: telephone number (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: telecopier number (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any partyBorrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, 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, (a) when mailed, be effective three days Business Days after being the same is deposited in the mails, (b) when sent mailed for next day delivery by a reputable freight company or reputable overnight couriercourier service, be effective one day after being Business Day thereafter, and (c) when sent by overnight couriertelegraph, and when telecopied telecopy, telex or sent by electronic mailcable, be effective when received (andthe same is telegraphed, with respect telecopied and receipt thereof is confirmed by telephone or return telecopy, confirmed by telex answerback or delivered to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)cable company, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofAdministrative Agent.

Notices, Etc. (a) The Borrower hereby agrees that any notice that is required to be delivered to it hereunder shall be delivered to the Borrower as set forth in this Section 8.02. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailfax) and mailed, sent by overnight courier, telecopied, emailed, faxed or delivered, in if to the case of Borrower, C/O American Electric Power Co. Inc., 0 Xxxxxxxxx Xxxxx, Xxxxxxxx, XX 00000, Attention: Treasurer (fax: 000-000-0000; telephone: 000-000-0000), with a copy to the Company or the Secured PartyGeneral Counsel (fax: 000-000-0000; telephone: 000-000-0000) and to xxxxxxxxxxxxxxxx@xxx.xxx; if to any Initial Lender, addressed to it at its address Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Assumption or on the signature page to the Security Agreement Supplement New Lender Joinder pursuant to which it became a party heretoLender; if to the Administrative Agent, at its address at 00 Xxxxxxxx Xxxxxx Xxxxx, XX: 109047, Xxxxxxxxxx, XX 00000, Attention: Xxxx Xxxx (fax: 000-000-0000; telephone: 513-534- 4224; e-mail: xxxx.xxxx@00.xxx); or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, shall be effective when delivered or received (and, with respect at the appropriate address or number to notices and communications sent by electronic mail, upon confirmation by the recipient attention of the receipt of such notice appropriate individual or communication)department, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAdministrative Agent. Delivery by telecopier fax of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telecopy or electronic mailtelex communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in if to the case of U.S. Borrower, to its address at 0000 Xxxxx Xxxx, P.O. Box 40, Henderson, KY 42420, Attn: Xxxxxxx Xxxxxxx, with a copy to KKR at 0000 Xxxx Xxxx Xxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, Attn: Xxxx Xxxxxx; if to the Company or the Secured PartyCanadian Borrower, addressed to it c/o the U.S. Borrower at the U.S. Borrower's address; if to any Initial Lender or the Initial Issuing Bank, to its address Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, to its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender Party; and if to the Administrative Agent, to its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxx Xxxxxx; or, as to any partyeither Borrower or the Administrative Agent, at to such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the U.S. Borrower and the Administrative Agent pursuant to this Section 9.02. All such notices and other communications shall, when mailed, telegraphed, telecopied or telexed, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company, transmitted by overnight courier, be effective one day after being sent telecopier or confirmed by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Sections 2.02, 2.03, 2.05, 2.06(a) and (c) and 2.09(a) and with respect to selected Interest Periods in respect of Eurodollar Rate Advances shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All (a) Except as otherwise provided in Section 8.2(b), all notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelecopy communication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, if to any Bank, as specified opposite its name on Schedule I hereto or specified in the case of the Company a Transfer Agreement for any assignee Bank delivered pursuant to Section 8.5(a) or the Secured Partyin a Revolving Credit Commitment Increase Agreement delivered pursuant to Section 2.19; if to a Borrower, addressed as specified opposite its name on Schedule II hereto; if to it at an Issuing Bank to its address as specified opposite its name on Schedule I or in the a Letter of Credit Commitment Increase Agreement delivered pursuant to Section 2.19; if to CUSA, as Agent or Collateral Agent, to its address at 0 Xxxxx Xxx, Xxxxx 000, Xxx Xxxxxx, Xxxxxxxx 00000 (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopiertelecopier number: (000) 000-0000; email address: xxxxxxxxxxxxxxx@xxxxxxxxx.xxx), email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Attention: Xxxxxxxx Account Officer, with a copy to Citicorp North America, Inc., 000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, TelecopierXxxxx 00000 (telecopier number: (000) 000-0000), email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx XxxxxxxxxxxxAttention: The Xxxxxxxx Companies, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party heretoInc. Account Officer; or, as to any partyBorrower, any Issuing Bank, the Collateral Agent, or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrowers, each Issuing Bank, the Collateral Agent and the Agent; provided that materials required to be delivered pursuant to Section 5.1(b)(ii), (iii) and (iv) shall be delivered to the Agent as specified in Section 8.2(b) or as otherwise specified to any Borrower by the Agent; provided, further, that any communication that (A) relates to a request for a new, or a conversion of an existing, borrowing or other extension of credit (including any election of an interest rate or Interest Period relating thereto), (B) relates to the payment of any principal or other amount due under the Credit Agreement prior to the scheduled date therefor, (C) provides notice of any Default or Event of Default or (D) is required to be delivered to satisfy any condition precedent to the effectiveness of any provision of this Agreement and/or any borrowing, Letter of Credit, increase of any Letter of Credit or other extension of credit hereunder, shall be in writing (including telecopy communication) and mailed, telecopied or delivered pursuant to this Section 8.2(a). All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic maile-mailed, be effective when received (andin the mail, with respect to notices and communications sent by electronic telecopier to any party to the telecopier number as set forth herein or on Schedule I or Schedule II or specified in a Transfer Agreement for any assignee Bank delivered pursuant to Section 8.5(a) or in a Revolving Credit Commitment Increase Agreement or Letter of Credit Commitment Increase Agreement delivered pursuant to Section 2.19 (or other telecopy number specified by such party in a written notice to the other parties hereto) or confirmed by e-mail, upon confirmation by the recipient of the receipt of such notice or communication)respectively, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent shall not be effective until received by the Secured PartyAgent. Any notice or communication to a Bank shall be deemed to be a notice or communication to any SPC designated by such Bank and no further notice to an SPC shall be required. Delivery by telecopier of an executed counterpart of this Agreement, any other Credit Document or any amendment or waiver of any provision of this Agreement or any other Credit Document (other than a Letter of any Security Agreement Supplement or Schedule hereto Credit) shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All Except as otherwise expressly provided in this Credit Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Credit Agreement or the Notes or any Letter of Credit Application shall be in writing (including telecopier and shall be delivered in hand, mailed by United States registered or electronic certified first class mail) and mailed, postage prepaid, sent by overnight courier, telecopiedor sent by telegraph, emailedtelecopy, facsimile or telex and confirmed by delivery via courier or postal service, addressed as follows: if to the Obligors, 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xx. Xxxxxx X. Rosenberg, Chief Financial Officer, or delivered, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any party, at such other address for notice as the Obligors shall last have furnished in writing to the Person giving the notice, with a copy delivered to Xxxxxxx, Procter & Xxxx XXX, Xxxxxxxx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxxxx X. Xxxxxx, Esq.; if to the Administrative Agent, at Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxxx Xxxxxxx, Assistant Vice President, or to such other person address for notice as the Administrative Agent shall be designated by such party last have furnished in a written notice writing to the Person giving the notice; if to the Documentation Agent, at 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention: Xxxxx X. Xxxxxx, Managing Director, or such other partiesaddress for notice as the Documentation Agent shall last have furnished in writing to the Person giving the notice; and if to any Lender, at such Lender's address set forth on Schedule 1 hereto, or such other address for notice as such Lender shall have last furnished in writing to the Person giving the notice. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of Any such notice or communication), respectively; demand shall be deemed to have been duly given or made and when to have become effective (i) if delivered by hand, be effective upon delivery; except that notices overnight courier or facsimile to a responsible officer of the party to which it is directed, at the time of the receipt thereof by such officer or the sending of such facsimile and other communications to (ii) if sent by registered or certified first-class mail, postage prepaid, on the Secured Party shall not be effective until received by third Business Day following the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart mailing thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 200 Xxxxxx Xxxxxx, Xxxxxxx, XX 00000, Xxtention: Chrixxxxxxx X. Xxxxxx; 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 Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; orand 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 00000; xx, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including telecopier or electronic mailcommunication by facsimile copy) and mailed, sent by overnight courier, telecopied, emailed, transmitted or delivered, in the case of the Company or the Secured Partyas to each party hereto, addressed to it at its address specified in the Letter of Credit Agreement set forth as follows: (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered i) if to the attention ofBorrower: Xxxxxx Brooke Credit Funding, LLC, 00000 Xxxxxxxxx Xxxxx, TelecopierXxxxx 000 Xxxxxxxx Xxxx, Xxxxxx 00000, Attention: President, Facsimile: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, TelecopierTelephone: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, or specified in the case of each Grantor other than the Company, addressed to it at its address set forth opposite such GrantorBorrower’s name on the signature pages hereto Assignment and Acceptance or on the signature page to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties hereto; (ii) if to the Seller: Brooke Credit Corporation, 00000 Xxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxx Xxxx, Xxxxxx 00000, Attention: President, Facsimile: (000) 000-0000, Telephone: (000) 000-0000, or specified in the Seller’s Assignment and Acceptance or at such other address as shall be designated by such party in a written notice to the other parties hereto; (iii) if to the Master Agent Servicer: Brooke Corporation, 00000 Xxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxx Xxxx, Xxxxxx 00000, Attention: President, Facsimile: (000) 000-0000, Telephone: (000) 000-0000, or specified in the Master Agent Servicer’s Assignment and Acceptance or at such other address as shall be designated by such party in a written notice to the other parties hereto; (iv) if to the Agent: DZ BANK AG Deutsche Zentral-Genossenschaftsbank, New York, Branch, 000 0xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Attention: Asset Securitization Group, Facsimile: (000) 000-0000, Confirmation No.: (000) 000-0000, or specified in the Agent’s Assignment and Acceptance or at such other address as shall be designated by such party in a written notice to the other parties hereto; (v) if to the Lender: Autobahn Funding Company LLC, c/o DZ BANK AG Deutsche Zentral-Genossenschaftsbank, New York, Branch, 000 0xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, Attention: Asset Securitization Group, Facsimile: (000) 000-0000, Confirmation No.: (000) 000-0000, or specified in the Lender’s Assignment and Acceptance or at such other address as shall be designated by such party in a written notice to the other parties hereto. All such notices and other communications shallshall be effective, when mailedupon receipt, be effective three or in the case of (x) notice by mail, five days after being deposited in the United States mails, first-class postage prepaid, (y) notice by facsimile copy, when sent by verbal communication of receipt is obtained or (z) in the case of personal delivery or overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (anddelivered, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications pursuant to the Secured Party Article II shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofreceived.

Notices, Etc. (a) All notices and other communications provided for hereunder hereunder, unless otherwise expressly stated herein, shall be in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices if to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx XxxxxInitial Borrower, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite such Grantor’s below its name on the signature pages hereto or hereof; if to any Designated Subsidiary that becomes a Borrower hereunder, at its address set forth below its name on the signature page to its Designation Letter; if to any Initial Lender, at its Base Rate Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Base Rate Lending Office specified in the Security Agreement Supplement Assignment and Acceptance or the Assumption Agreement, as the case may be, pursuant to which it became a party heretoLender; if to the Administrative Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or, as to any partyBorrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Administrative Agent. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied mailed or sent by electronic mailtelecopied, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by deposited in the recipient of the receipt of such notice mails or communication)telecopied, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAdministrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or any of the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, delivered or (y) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address at 0000 Xxxx 000xx Xxxxxx, 00xx Xxxxx, Xxxxxxxx Xxxx, XX 00000-0000, Attention: Treasurer (Telecopier: 913 523-2786), with a copy to Xxxxxxx Xxxxxxxxx, Esq. at 000 Xxxx 000xx Xxxxxx, 0xx Xxxxx, Xxxxxxxx Xxxx, XX 00000-0000, (Telecopier: 913 523-9825); 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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and other communications shall, when mailed, telecopied or e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent confirmed by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, in the case of if to the Company or any other Borrower, to the Secured PartyCompany, addressed to it at its address at 1271 Avenue of the Americas, New York, New York 10020, Attention: Xxxx Xxxxxxxxx xxx Xxxxxxxxx (xxxx x xxxx xx xxx xxxx 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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; orand if to the Agent, as to any partyat its address at Two Penns Way, New Castle, Delaware 19720, Attention: Bank Loax Xxxxxxxxxxxx Xxxxxxxxxx; xx, xx xx xxx Xompany or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for required or permitted hereunder shall be in writing and shall be delivered (including telecopier i) personally, (ii) by facsimile transmission with written confirmation (other than the automatic confirmation that is received from the recipient's facsimile machine) of receipt by the recipient of such notice, or electronic mail(iii) and mailed, sent by a nationally recognized overnight courier, telecopied, emailed, in each case with all delivery or delivered, in the case of the Company or the Secured Party, postal charges pre-paid. Notices shall be addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered i) if to the attention ofPurchaser, at the Purchaser's address as set forth on the signature page of this Agreement, Attention: Xxxxxx XxxxxChief Financial Officer and Deputy General Counsel, Telecopier: Finance and Operations, (000Fax (425) 936-0000), xith a copy to Richxxx Xxxx xx Presxxx Xxxxx & Xllix XXX, 5000 Columbia Center, 701 Xxxxx Xxxxxx, Xxxxxxx, XX 00000-0000 (Xxx (206) 000-0000), email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx(ii) if to any permitted transferee of Series A Preferred hereunder, Telecopier: then to Purchaser's address or such other address as the transferee shall furnish to the Company in writing pursuant to the provisions hereof, or (000iii) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than if to the Company, addressed to it at its the Company's address set forth opposite such Grantor’s name on the signature pages hereto or on the signature page of this Agreement, Attention: Chief Financial Officer and General Counsel (Fax (215) 658-0000), xith copy to the Security Agreement Supplement pursuant to which it became a party hereto; orattention of Thomxx Xxxxxxx, as to any partyXxul, Hasting, Janoxxxx & Xalkxx, 005 Xxxxxxxxxx Xxxxxx, Xxx Xxxxxxxxx, XX 00000-0000 (Xxx (415) 217-0000) xx at such other address or to such other person as the Company shall be designated by such party in a written notice have furnished to the other partiesPurchaser (or transferees, as aforesaid) in writing. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of Each such notice or communication), respectively; addressed and when delivered by handposted as aforesaid, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision for all purposes of this Agreement be treated as effective or having been given (i) when delivered, if delivered personally, (ii) the business day on which the notice or communication is sent, if delivered by facsimile transmission as provided above, or (iii) upon the earlier of any Security Agreement Supplement its receipt or Schedule hereto shall be effective as delivery two (2) business days after the business day of an original executed counterpart thereofdeposit with a nationally recognized overnight courier, if delivered by such means.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telecopy or electronic mailtelex communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 0000 Xxxxxx Xxxxxxxxx Xxx, Xxxx Xxxxx, Indiana 46804, Attention: Xxxxxxx X. Xxxxxx (facsimile 260-969-3587); if to any Initial Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Assumption pursuant to which it became a party heretoLender Party; if to the Collateral Agent, at its address at 629 Euclid Avenue, Locator 01-3028, Xxxxxxxxx, XX 00000, Attention: Xxxxxxxx XxXxx (facsimile 216-222-0192); and if to the Paying Agent, at its address at 629 Euclid Avenue, Locator 01-3028, Xxxxxxxxx, XX 00000, Attention: Xxxxxxx Xxxxxx (facsimile 216-222-0012) and with respect to notices and/or deliveries pursuant to Section 5.03 with a copy to 000 Xxxx Xxxxx Xxxxxx, Suite 800, Fort Xxxxx, IN 46802, Attention: Xxxxx XxXxxxx (facsimile 260-461-6238); or, as to any partythe Borrower or the Paying Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 Paying Agent. All such notices and other communications shall, when mailed, telegraphed, telecopied or telexed, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company, transmitted by overnight courier, be effective one day after being sent telecopier or confirmed by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including telecopier and delivered by hand or electronic mail) and mailedovernight courier service, mailed by certified or registered mail or sent by overnight courierfacsimile, telecopiedas follows: if to the Borrower, emailedat the address set forth for the Borrower on the signature pages hereof; if from the Borrower to the Administrative Agent or any Bank, or deliveredto the Administrative Agent at the address set forth for the Administrative Agent on the signature pages hereof; if from the Administrative Agent to any Bank, at the address of such Bank’s Domestic Lending Office or, in the case of a notice or communication relating to information delivered under Section 8.01(f), by posting on an Internet website established by the Company Administrative Agent with Intralinks, Inc. or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party heretosimilarly available electronic media; or, as to in any partycase, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited parties hereto (except in the mailscase of the Borrower, as to which a change of address may be made by notice to the 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). Subject to the next sentence, notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent by overnight courier(except that, if not given during normal business hours for the recipient, shall be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect deemed to notices have been given at the opening of business on the next Business Day for the recipient). Notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; (i) pursuant to Articles II and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party X shall not be effective until they are received by the Secured Partyaddressee during its normal business hours; and (ii) sent by facsimile to the Borrower shall not be effective until the sender has received confirmation of receipt (either in writing or by telephone from the intended recipient or electronically). 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 copies of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall reports to be effective as delivery of an original executed counterpart thereofdelivered by the Borrower pursuant to Section 8.01(f).

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailtelecopy communication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, delivered or (y) as and to the extent set forth in Section 9.02(b) and in the case of proviso to this Section 9.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx at 100 Xxxxxxxxxx Xxxxx, Telecopier: Xxxxx 0000, Xxxxxxx, XX 00000, telecopy no. (000) 000-0000, email xxxxxx_xxxxx@xxx.xxxAttention: Treasury Department; Xxxxxxx Xxxxxxxif to any Bank, Telecopier: (000) 000-0000at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its Domestic Lending Office specified 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 Assignment and Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Txx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii), (iv) and (v) may be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and other communications shall, when mailedmailed or telecopied, be effective three days after being deposited in the mails, only when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Partyrelevant party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight couriermailed (return receipt requested), telecopied, emailedtelegraphed, telexed or delivered, in the case of if to the Company or to any Designated Subsidiary, at the Secured PartyCompany's address at 000 Xxxxxxxx Xxxx, addressed Xxxxxxxxxx, Xxx Xxxxxx 00000-0000, Attention: Assistant Treasurer; if to it any Initial Lender, at its address Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department, with a copy to 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxx Xxxxxx; or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent; provided that materials 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 other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices (a) Notices and other communications provided for hereunder shall be either (i) in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, otherwise delivered or (ii) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address specified in at Allegheny Energy Supply Company, LLC, 800 Cabin Hill Drive, Greensburg, PA 15601, Fax: (724) 830-5151, Attexxxxx: Xxxxxxx Xxxxxxx xxx Xxxxx Xxxxxxxxx Officex; xx xx xxx Xnitial Lender, the Letter of Credit Agreement (provided that Initial Issuing Bank, any notices to Lender or any Grantor in respect of Section 1 hereof shall also be delivered Issuing Bank, at its Domestic Lending Office; and if to the attention of: Xxxxxx XxxxxAdministrative Agent, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite at Two Penns Way, New Castle, DE 19720, Attention: Bank Loan Syndicationx Xxxxxxxxxx; xx, xx xx xxx Xxxxxxxr or the Administrative Agent, at such Grantor’s name on other address as shall be designated by the signature pages hereto Borrower or on the signature page Administrative Agent, as the case may be, in a written notice to the Security Agreement Supplement pursuant to which it became a party hereto; orother parties and, as to any each other party, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.04 shall be delivered to the Administrative Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Administrative Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, Article III or Article VII shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be given in writing or by any telecommunication device capable of creating a written record (including telecopier or including, with respect to Approved Electronic Communications and other notices and communications described below, electronic mail), (i) and mailed, sent by overnight courier, telecopied, emailed, or delivered, in the case to each of the Company or Seller, the Secured PartyServicer, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to Agent and the attention of: Xxxxxx XxxxxInitial Purchasers, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite such Grantor’s under its name on the signature pages hereto or hereof, (ii) to each Purchaser other than the Initial Purchasers, at its address specified on the signature page to the Security Agreement Supplement Assignment and Acceptance pursuant to which it became a party hereto; or, as Purchaser hereunder or (iii) to any party, party hereto at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties hereto given as provided herein. All such notices and other communications shall, when mailed, given to any party hereto in accordance with the provisions of this Agreement shall be effective three days after being deposited in deemed to have been given or made on the mails, when sent date of receipt if delivered by hand or overnight courier, be effective one day after being sent by overnight courier, and when telecopied courier service or sent by telecopy equipment of the sender, or on the date five Business Days after dispatch by certified or registered mail if mailed, in each case delivered, sent or mailed (properly addressed) to such party as provided in this Section 11.3 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 11.3. Notices and other communications to the Purchasers hereunder not constituting Approved Electronic Communications may be delivered or furnished by electronic mail, be effective when received (and, with respect communications pursuant to procedures approved by the Agent; provided that the foregoing shall not apply to notices and communications sent by electronic mail, upon confirmation pursuant to Article II or III unless otherwise agreed by the recipient Agent and the applicable Purchaser. Each of the receipt of such notice or communication)Agent, respectively; the Seller and when delivered by handthe Servicer may, be effective upon delivery; except that in its discretion, agree to accept notices and other communications to the Secured Party shall it hereunder or under any other Transaction Document that do not constitute Approved Electronic Communications, by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment limited to particular notices or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofcommunications.

Notices, Etc. All notices and other communications provided for required or permitted hereunder shall be in writing and shall be deemed to have been duly given: (including telecopier or electronic maila) and mailedon the date of delivery, sent by overnight courier, telecopied, emailed, or delivered, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be if delivered to the attention of: Xxxxxx Xxxxxpersons identified below; (b) seven calendar days after mailing, Telecopier: (000) 000if mailed, with proper postage, by certified or registered first-0000class mail, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxxpostage prepaid, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than the Companyreturn receipt requested, addressed (i) if to it a Purchaser, at its the address set forth opposite for such Grantor’s name Purchaser on the signature pages Schedule of Purchasers attached hereto or on the signature page to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any party, at such other address as such Purchaser shall have furnished to the Company in writing, or (ii) if to any other holder of Shares or any Common Stock issued upon conversion of Shares at such address as such holder shall have furnished the Company in writing, or, until any such holder so furnishes an address to the Company, then to and at the address of the last holder thereof who has so furnished an address to the Company, or (iii) if to the Company, at Xxxxxx & Xxxxxxxxxx Xxxxxxx, Xxxxxxxxxxxx, XX 00000, Attention: Chief Executive Officer, or at such other person address as the Company shall be designated by such party in a written notice have furnished to the Purchasers and each such other partiesholder in writing, with a copy to Fulbright & Xxxxxxxx L.L.P., 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx X. Xxxxxxxx, Esq.; (c) on the date of receipt if sent by telecopy, and confirmed in writing in the manner set forth in (b) on or before the next day after the sending of the telecopy; or (d) one business day after delivery to a nationally recognized overnight courier service marked for overnight delivery in the manner set forth in (b). All Notwithstanding the foregoing, notices of conversion must be sent by holders of Shares pursuant to the methods set forth in both (c) and (d) above, with such notices and other communications shall, when mailed, of conversion to be effective three days after being deposited in deemed first given at the mails, when sent by overnight courier, earlier time that delivery under each such method may be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofdeemed given.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing or confirmed in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: at Xxx Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, TelecopierXX 00000, Attention: (000) 000-0000Treasurer; if to any Lender, email xxxxxxx_xxxxxxx@xxx.xxxat its Domestic Lending Office; and Xxxxxx Xxxxxxxxxxxxif to the Agent, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 at 00 Xxxxx Xxxxxxxx Xxxxxx, Mail Code IL1-0010, Xxxxxxx, XX 00000, Attention: April Yebd, with a copy to the Security Agreement Supplement pursuant to which it became a party heretoJPMorgan Chase Bank, N.A., 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Mail Code IL1-0090, Xxxxxxx, XX 00000, Attention: Xxxxx X. Xxxxxx; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, be effective three days after being deposited in the mails, when (i) sent by hand or overnight couriercourier service, or mailed by certified or registered mail, shall be effective one day after being deemed to have been given when received or (ii) sent by overnight couriertelecopier shall be deemed to have been given when sent, and when telecopied or sent by electronic mailprovided that if not given during normal business hours for the recipient, shall be effective when received (anddeemed to have been given at the opening of business on the next Business Day for the recipient. Notwithstading the foregoing, with respect to all such notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective deemed to have been given until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications ------------ provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 00 Xxxxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx, Attention: Xxxxxxx X. Xxxxxx, with a copy to 0000 Xxxxxxxxx Xxxxxx X.X., Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, Attention: Xxxx Xxxx; 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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Funding Agent pursuant to Article II, at its address at 000 Xxxxx Xxxxxx, Charlotte, North Carolina 28255, Attention: Xxxxxxxx Xxxxxx, and if the Funding Agent pursuant to any provision of this Agreement other than Article II, at its address at 000 Xxxxxxxxx Xxxxxx X.X., Xxxxxxx, Xxxxxxx 00000, Attention: Xxxxx Xxxx; or, as to any partythe Borrower or the Funding Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 Funding Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Funding Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyFunding 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, mailed or delivereddelivered or (y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), in the case of the Company or the Secured an electronic medium and delivered as set forth in Section 9.02(b), (i) if to any Loan Party, addressed to it the Borrower at its address as set forth on Schedule 9.02 attached hereto; (ii) if to any Lender identified on Schedule I hereto, at its Lending Office specified opposite its name on Schedule I hereto; (iii) if to any Initial Lender, at its Lending Office specified in Schedule I attached hereto; (iv) if to any other Lender, at its Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party Lender; (v) if to the Term Loan Collateral Agent or Administrative Agent, at its address as set forth on Schedule 9.02 attached hereto; or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, however, that materials and information described in Section 9.02(b) shall be delivered to the Administrative Agent in accordance with the provisions thereof or as otherwise specified to the Borrower by the Administrative Agent. All such notices and other communications shall, when mailed, e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied mails or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, Article III or Article VII shall not be effective until received by the Secured Partysuch Agent. Delivery by telecopier electronic communication of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto the Notes shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelegraphic communication) and mailed, sent by overnight courier, telecopied, emailed, telegraphed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx at 0000 Xxxxxxxxxx Xxxxx, Telecopier: (Xxxxxxx, Xxxxx 00000-0000, fax number 000) -000-0000, email xxxxxx_xxxxx@xxx.xxxAttention: Xxxx Xxxxxxxxx, Treasury, Structured Finance; Xxxxxxx Xxxxxxxif to any Initial Lender or Initial Issuing Bank, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in its Administrative Questionnaire or the signature pages hereto or on the signature page to the Security Agreement Supplement Assignment and Acceptance pursuant to which it became a party heretoLender, as the case may be; and if to the Agent, at its address at 0000 Xxxxx Xxxx, OPS III, Xxx Xxxxxx, Xxxxxxxx 00000, fax number 000-000-0000, Attention: Global Loans Department, email: xxxxxxxxxxxxxxxx@xxxxxxxxx.xxx; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices and other communications shallsent by facsimile shall be deemed to have been given when sent (except that, when mailedif not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through electronic communications, to the extent provided in paragraph (b) below, shall be effective three days after being deposited as provided in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received said paragraph (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communicationb), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier or other electronic communication of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telecopy or electronic mailtelex communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in if to the case of Parent Guarantor, the Company Borrowers or any other Loan Party, at the address or the Secured Parent Guarantor at 2400 South MicroAge Way, Tempe, Arizona 85282, Attention: Chxxx Xxxxxxxxx Xxxxxxx, xxxx x xxxx xx Xxxxxxxxx Xxxnsel; if to any Initial Lender or the Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, addressed to it at its address Domestic Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender Party; orif to the Collateral Agent, as to any partyat its address at 399 Park Avenue, New York, New York 10043, Attention: Jeff Nitz; xxx xx xx xxx Xxxxxxxxxxxxxx Xxxxx, xx xxx address at 390 Xxxx Xvenue, New York, New York 10043, Attention: Jeff Nitx; xx, xx xx xxx Xxxxxx Xxxxxxxxx, xxx Xorrower or the Xxxxxxxtrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrowers and the Administrative Agent. All such notices and other communications shall, when mailed, telegraphed, telecopied or telexed, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company, transmitted by overnight courier, be effective one day after being sent telecopier or confirmed by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier fax or electronic maile-mail communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 0000 Xxxx Xxxx Xxxxx, Xxxxxxx, Xxxxx 00000, Attention: General Counsel and Chief Financial Officer; if to any Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender Party; if to the Administrative Agent or the Collateral Agent, at its address at 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx Plaza 8th Floor, Charlotte, North Carolina 28288, Attention: Agency Services and 000 Xxxxx Xxxxxxx Xxxxxx, XX0000, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: Xxxx Xxxxxx; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, faxed or e-mailed, be effective three days after being when deposited in the mails, when sent transmitted by overnight courier, be effective one day after being sent by overnight courier, and when telecopied fax or sent by electronic e-mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch Agent. Delivery by telecopier fax 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. Electronic mail and Internet and intranet websites may be used by the Administrative Agent and/or the Agents to distribute communications, such as financial statements and other information as provided in Section 5.03, and to distribute Loan Documents for execution by the parties thereto, and the Administrative Agent and the Agents shall not be responsible for any losses, costs, expenses and liabilities that may arise by reason of the use thereof, except for their own gross negligence or willful misconduct. The Administrative Agent and the Lender Parties shall be entitled to rely and act upon any notices (including telephonic notices) purportedly given by or on behalf of the Borrower even if (a) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any form of notice specified herein, or (b) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify each Agent and each Lender Party from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower in accordance with this Agreement, other than, with respect to any Agent or Lender Party, the losses, costs, expenses and liabilities that result from the gross negligence or willful misconduct of such Agent or Lender Party. All telephonic notices to and other communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Notices, Etc. All notices (i) Notices and other communications provided for hereunder shall be either (i) in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, otherwise delivered or (ii) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx at Allegheny Energy Supply Company, LLC, 000 Xxxxx Xxxx Xxxxx, TelecopierXxxxxxxxxx, XX 00000, Fax: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxxAttention: General Counsel and Chief Financial Officer; Xxxxxxx Xxxxxxxif to any Initial Lender, Telecopier: (000) 000-0000the Initial Issuing Bank, email xxxxxxx_xxxxxxx@xxx.xxxany Lender or any Issuing Bank, at its Domestic Lending Office; and Xxxxxx Xxxxxxxxxxxxif to the Administrative Agent, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party heretoat Xxx Xxxxx Xxx, Xxx Xxxxxx, XX 00000, Attention: Bank Loan Syndications Department; or, as to any the Borrower or the Administrative Agent, at such other address as shall be designated by the Borrower or the Administrative Agent, as the case may be, in a written notice to the other parties and, as to each other party, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.04 shall be delivered to the Administrative Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Administrative Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, Article III or Article VII shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All demands, notices and other communications provided for hereunder shall shall, unless otherwise stated herein, be in writing (including telecopier or electronic mailwhich shall include facsimile communication and communication by e-mail in portable document format (.pdf)) and mailedfaxed, sent by overnight courier, telecopied, emailed, e-mailed or delivered, in the case of the Company or the Secured Partyto each party hereto, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 below or on the signature page to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices parties hereto, and other communications shallto the Collateral Trustee or the Rating Agency, when mailed, be effective three days after being deposited at its address set forth in the mails, when sent Indenture or at such other address as shall be designated by overnight courier, be effective one day after being sent such Person in a written notice to the other parties hereto. Notices and communications by overnight courier, facsimile and when telecopied or sent by electronic mail, e-mail shall be effective when received sent (andand shall be followed by hard copy sent by regular mail), with respect to and notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, other means shall be effective upon delivery; except that notices when received. Notices and other communications relating to the Secured Party shall not this Agreement to be effective until received delivered by the Secured Party. Delivery by telecopier of an executed counterpart of Buyer (or the Collateral Trustee on its behalf) to any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto Holder shall be effective delivered as delivery of an original executed counterpart thereof.provided in the Indenture. The address for the Seller is the following: Gxxxx Capital BDC 3, Inc. 200 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 The address for the Closing Date Seller is the following: GC Advisors LLC 200 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 The address for the Buyer is the following: Gxxxx Capital BDC 3 CLO 2 LLC, c/o Xxxxx Capital BDC 3, Inc. 200 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 with a copy to: GC Advisors LLC 200 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, delivered or (y) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address at 500 West Monroe Street, Chicago, Illinois 60661, Attention: Treasurxx; xx xx xxx Xxxxxxx Xxxxxx, 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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; orand if to the Agent, as to any partyat its address at Two Penns Way, New Castle, Delaware 19720, Attention: Bank Loan Synxxxxxxxxx Xxxxxxxxxx; xx, xx xx xxx Xxxxxwer or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(a) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelecopier) and mailed, sent by a prepaid nationally recognized overnight courier, telecopied, emailed, or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 155 Grand Avenue, Oakland, California 94612, Attention: Albert M. Marxxxx, Xxxx Xxxxxxxxx xxx Xxxxxxxxx; xx xx xny Guarantor, x/x xxx Xxxxxxxx at the foregoing 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 Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party Lender; if to the Administrative Agent or Collateral Agent, at its address at 399 Park Avenue, New York, New York 10043, Attention: Mark Johnson; ix xx xxx Xxxxxxx Xxxx, xx xxx Xxxxxx Xxxxce specified xxxxxxxx xxx name on Schedule I hereto; or, as to the Borrower or any partyAgent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, sent by a nationally recognized overnight courier, or telecopied, be effective three days after being when deposited in the mails, when sent by overnight delivered to such courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telecopied, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAdministrative Agent, 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing or confirmed in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: at Xxx Xxxxxx Xxxxx, TelecopierXxxxxxx, XX 00000, Attention: Treasurer; if to any Lender, at its Domestic Lending Office; and if to the Agent, at its address at 10 South Dearborn Street, Mail Code IL1-0010, Xxxxxxx, XX 00000, Attention: April Yebd, (Fax number: 000) -000-0000) with a copy to JPMorgan Chase Bank, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx N.A., 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Mail Code IL1-0090, Xxxxxxx, TelecopierXX 00000, Attention: Xxxxx X. Xxxxxx, (Fax number: 000) -000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto); or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, be effective three days after being deposited in the mails, when (i) sent by hand or overnight couriercourier service, or mailed by certified or registered mail, shall be effective one day after being deemed to have been given when received or (ii) sent by overnight couriertelecopier shall be deemed to have been given when sent, and when telecopied or sent by electronic mailprovided that if not given during normal business hours for the recipient, shall be effective when received (anddeemed to have been given at the opening of business on the next Business Day for the recipient. Notwithstanding the foregoing, with respect to all such notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective deemed to have been given until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing or confirmed in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: at Xxx Xxxxxx Xxxxx, TelecopierXxxxxxx, XX 00000, Attention: Treasurer ; if to any Lender, at its Lending Office; and if to the Agent, at its address at 0000 Xxxxx Xxxx, OPS 0 Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Agency Operations (E-mail: xxxxxxxxxxxxxxxxx@xxxx.xxx; Fax: 000) -000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, TelecopierTel: (000) -000-0000), email xxxxxxx_xxxxxxx@xxx.xxxwith a copy to Xxxx Xxxxxxx (Email: xxxx.xxxxxxx@xxxx.xxx); and Xxxxxx Xxxxxxxxxxxx, TelecopierFax: (000) -000-0000), email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and000 Xxxxxxxxx Xxxxxx, in the case of each Grantor other than the CompanyXxx Xxxx, addressed to it Xxx Xxxx 00000 and for compliance reporting, 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 party heretoE mail: xxxxxxxxxxxxxxx@xxxx.xxx; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, be effective three days after being deposited in the mails, when (i) sent by hand or overnight couriercourier service, or mailed by certified or registered mail, shall be effective one day after being deemed to have been given when received or (ii) sent by overnight couriertelecopier shall be deemed to have been given when sent, and when telecopied or sent by electronic mailprovided that if not given during normal business hours for the recipient, shall be effective when received (anddeemed to have been given at the opening of business on the next Business Day for the recipient. Notwithstanding the foregoing, with respect to all such notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective deemed to have been given until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, in if to the case of Company, any Borrower or the Guarantor, to the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement at One Xxxxx Xxx, Xxxxxx, Xxx Xxxx 10589, Attention: General Counsel, Telecopier No. (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000914) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxxxxth a copy to Secretary, Telecopier: Telecopier No. (000914) 000-0000; xx to any Initial Lender, email xxxxxxx_xxxxxxx@xxx.xxxat its Domestic Lending Office specified opposite its name on Schedule I hereto; and Xxxxxx Xxxxxxxxxxxxif to any other Lender, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its Domestic Lending Office specified 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 Assignment and Acceptance pursuant to which it became a party heretoLender; orand if to the Agent, at The Chase Manhattan Bank, Loan and Agency Services Group, One Chase Manhxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx, 00000, Xxtention of Nina Xxxx (Xxlecopy No. (212) 000-0000), xith a copy to The Chase Manhattan Bank, 270 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxtention of Karex Xxxxx (Xxlecopy No. (212) 000-0000); xr, as to the Company, any partyBorrower, the Guarantor or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent by overnight couriertelecopied, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received telegraph company or confirmed by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereof.telex answer back, respec-

Notices, Etc. All (a) Except to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), all notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofat 3000 Xxxxxx Xxxxxx, Santa Clara, California 95054, Attention: Xxxxxx XxxxxRxxxxx Xxxxxx, Vice President, Treasurer; Telecopier: (000) 400-000-0000; email: Rxxxxx_Xxxxxx@xxxx.xxx; provided, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx that if such notice is to be delivered pursuant to Section 6.01, 8.05, 8.01 or 8.07, then such notice shall be delivered by mail or express delivery (and not delivered electronically or by telecopy) at the address above to the Attention of: Rxxxxx Xxxxxx, Vice President, Treasurer (or his successor) and Jxxxxx Xxxxxxx, Telecopier: Group Vice President, Legal Affairs and Intellectual Property (000) 000-0000or his successor), email xxxxxxx_xxxxxxx@xxx.xxxor at such other address as shall be designated by Borrower in a written notice to the other parties; and Xxxxxx Xxxxxxxxxxxxif to the Agent, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite at Txx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or at such Grantor’s name on other address as shall be designated by the signature pages hereto or on the signature page Agent in a written notice to the Security Agreement Supplement pursuant to which it became a party hereto; orother parties and, as to any each other party, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesBorrower and the Agent, provided that materials required to be delivered pursuant to Sections 5.01(g)(vi) and (vii) shall be delivered as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent from time to time. All such notices and other communications shall, when mailed, telecopied or e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent confirmed by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier including, without limitation, telegraphic, telex, telecopy or electronic mailcable communication) and mailed, sent by overnight couriertelegraphed, telexed, telecopied, emailedcabled or delivered by hand, or deliveredif to the Borrower, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered at 1134 Market Street, Wheeling, West Virginia 26003, Attention: Chixx Xxxxxxxxx Xxxxxxx xxxx xxxx xx XXX xx XXX Xxxx. at 110 East 59th Street, New York, New York 10022, Attention: Mr. Xxxxxxx Xxxxx; xx xx xxx Xxxxxx, xx xxx Xxxxxxic Lending Offixx xxxxxxxxd xxxosite its name on Schedule III hereto; and if to the attention of: Xxxxxx XxxxxAgent, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than the Company, addressed to it at its address set forth opposite at 399 Park Avenue, 6th Floor, Zone 4, New York, New York 10043, Attenxxxx: Xxxxx X. Xxxxxx; xx, xx xx the Borrower or the Agent, at such Grantor’s name on the signature pages hereto or on the signature page other xxxxxxx xx xxxll be designated by such party in a written notice to the Security Agreement Supplement pursuant to which it became a party hereto; orother parties and, as to any each other party, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. All such notices and other communications shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company, confirmed by overnight couriertelex answerback, be effective one day after being sent telecopied with confirmation of receipt, delivered to the cable company or delivered by overnight courier, and when telecopied hand to the addressee or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)its agent, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II or IX shall not be effective until received by the Secured PartyAgent. 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All Unless specifically provided otherwise in this Agreement, all notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailfacsimile) and maileddelivered by hand or overnight courier service, mailed or sent by overnight courierfacsimile, telecopiedif to any Borrower, emailed, or delivered, in the case of the Company or the Secured Party, addressed to it in care of FE at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx at 00 Xxxxx Xxxx Xxxxxx, Xxxxx, TelecopierXxxx 00000, Attention: Treasurer, Facsimile: (000) 000-0000; if to any Bank, email xxxxxx_xxxxx@xxx.xxxat its DomesticApplicable Lending Office specified opposite its name on Schedule I hereto; Xxxxxxx Xxxxxxxif to any other Lender, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its DomesticApplicable Lending Office specified 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 Assignment and Assumption pursuant to which it became a party Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., 000 Xxxxxxx Xxxxxxxxxx Xxxx, NCC5, Floor 1, Newark, DE 19713-210719713-2105, Attention: Xxxxx XxxxxxxxxXxxxxx Young, Phone: , Facsimile: , Email: and ; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to any each party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and other communications shallare received after the normal business hours of such party, when mailed, receipt shall be effective three days after being deposited in deemed to have been given upon the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient opening of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofrecipient’s next Business Day.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelegraphic communication) and mailed, sent by overnight courier, telecopied, emailed, telegraphed or delivered, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices i) if to any Grantor in respect Borrower, at the address of Section 1 hereof shall also be delivered to the attention of: Xxxxxx PPG at Xxx XXX Xxxxx, Telecopier: (Xxxxxxxxxx, Xxxxxxxxxxxx 00000, telecopy number 000) -000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx XxxxxxxAttention: Treasurer, Telecopier: (with a copy to PPG at Xxx XXX Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, telecopy number 000) -000-0000, email xxxxxxx_xxxxxxx@xxx.xxxAttention: Senior Vice President and General Counsel; (ii) if to any Lender, at its at its address (or telecopy number) set forth in its Administrative Questionnaire; and Xxxxxx Xxxxxxxxxxxx(iii) if to the Administrative Agent, Telecopierto the attention of Xxxxx Xxxxxx, facsimile: (000) -000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) andtelephone: 000-000-0000 x 0000, in the case of each Grantor other than the Companyemail: XXX_XX_XXXX_XXXX@xx.xxxxxxxxxx.xxx, addressed with a copy 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 party heretoXxxxxxx Xxxxxxxxx, telephone: 000-000-0000, email: xxxxxxx.xxxxxxxxx@xx.xxxxxxxxxx.xxx, and xx.xxx_xxx.xxxxxx.xxxxxx@xxxxxxxx.xxxxxxxxxx.xxx; or, as to any partythe Borrowers or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrowers and the Administrative Agent. All such notices and other communications shall, when mailed, telecopied or telegraphed, be effective three days after being when deposited in the mails, when sent by overnight couriertelecopied, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect delivered to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telegraph company, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, delivered or (y) as and to the extent set forth in Section 9.02(b) and in the case of proviso to this Section 9.02(a), if to any Borrower, at the Company or the Secured PartyCompany’s address at 000 Xxxxxxxxxx Xxxxxxxxx, addressed Xxxxxxx Park, New Jersey 07407, Attention: Treasurer, with a copy to it Attention: General Counsel; if to any Initial Lender, at its address Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at 000 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxx Xxxx; or, as to any partythe Company or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(a)(i), (ii) or (v) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Company by the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telecopy or electronic mailmail communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailedsent by electronic mail (with an electronic attachment containing a hand-written signature and with immediate confirmation by mail, telephone or telecopier) or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in at 2000 Xxxxxxx Xxxx, Suite 400, Northbrook, Illinois 60062, Attention: Chief Financial Officer, telecopier number (000) 000-0000 (with a copy to the Letter General Counsel following written notice of Credit Agreement (provided that any notices such request by the Borrower to the other parties); if to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofGuarantor, at its address at c/o Grubb & Exxxx Company, 2000 Xxxxxxx Xxxx, Suite 400, Northbrook, Illinois 60062, Attention: Xxxxxx XxxxxChief Financial Officer, Telecopier: telecopier number (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx(with a copy to the General Counsel of Gxxxx & Exxxx Company 84 following written notice of such request by a Guarantor to the other parties); Xxxxxxx Xxxxxxxif to any Initial Lender Party, Telecopierat its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender Party; and if to the Administrative Agent, at its address at 60 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Lxxxx Xxxx, telecopier number (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied mailed or sent by electronic mailtelecopied, be effective when received (and, with respect to notices and communications sent deposited in the mails or transmitted by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telecopier, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telegraphed or delivered, delivered or (y) as and to the extent set forth in Section 8.02(b) and in the case of the Company or the Secured Partyproviso to this Section 8.02(a), addressed as follows: if to it the Borrower, at its address at 0000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 00000, Attention: Chief Financial Officer; 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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iii) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier or e-mail of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All Except where telephonic instructions or notices are authorized herein to be given, all notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any Person pursuant hereto shall be in writing (including telecopier and shall be personally delivered or electronic mail) and mailed, sent by overnight courierregistered, telecopiedcertified or express mail, emailedpostage prepaid, return receipt requested, or deliveredby telex or facsimile transmission, and shall be deemed to be given for purposes of this Agreement, in the case of a notice sent by registered, certified or express mail, on the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided date that any notices to any Grantor in respect of Section 1 hereof shall also be such writing is actually delivered to the attention ofintended recipient thereof in accordance with the provisions of this Section 10.1, or in the case of telex, when sent, answerback received, or in the case of facsimile transmission, when received and telephonically confirmed; provided that, notices, demands, instructions or other communications required to be given under this Agreement, if permitted hereunder to be made telephonically, shall be confirmed in writing promptly thereafter in accordance with the foregoing provisions, and shall be deemed given for purposes of this Agreement on the day when given by telephone to a Person who is the recipient for notice hereunder (if confirmed promptly thereafter in writing in accordance with this Section 10.1). Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section 10.1, notices, demands, instructions and other communications in writing shall be given to or made upon the following parties at their respective addresses (or to their respective telex or facsimile transmission numbers) indicated below, and, in the case of telephonic instructions or notices, by calling the telephone number or numbers indicated for such party below or at such other address or number as any party may notify to the other parties in accordance with the provisions of this Section 10.1: If to the Company: U.S. Trade Funding Corp. Xxx Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx XxxxxX. Xxxxx Telephone: (000) 000-0000 Facsimile No.: (000) 000-0000 If to the Trustee: LaSalle National Bank 000 Xxxxx XxXxxxx Xxxxxx - Xxxxx 000 Xxxxxxx, TelecopierXX 00000 Attention: Asset-Backed Securities Trust Services Telephone: (000) 000-0000 Facsimile No.: (000) 000-0000 If to the Servicer: ABN AMRO Bank N.V. Chicago Branch 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxx 00000 Attention: Structured Trade Finance Telephone: (000) 000-0000 Facsimile No.: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices (a) Except where telephonic instructions are authorized herein to be given, all notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be in writing writing, unless otherwise expressly specified herein, and shall be (including telecopier i) personally delivered or electronic mail) and mailed, sent by overnight courierregistered, telecopied, emailedcertified or express mail or postage prepaid, or deliveredby prepaid courier service, or by electronic mail (if the recipient has provided an email address) to the address or email address, as applicable, set forth with respect to such party on Schedule 6 (or, if not provided on Schedule 6 with respect to any party, such address or email address provided by such party in writing to the Administrative Agent), or (ii) in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor Lender, posted to an electronic system approved by or set up by or at the direction of the Administrative Agent, and shall in each case be deemed to be given for purposes of this Agreement on the day that such writing is received by the intended recipient thereof or posted in accordance with the provisions of this Section 12.02. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section 12.02, notices, demands, instructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (or to their respective email addresses) indicated in Schedule 6 (or, if not provided on Schedule 6 with respect of Section 1 hereof shall also be delivered to any party, such address or email address provided in writing by such party to the attention of: Xxxxxx XxxxxAdministrative Agent), Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case of each Grantor other than telephonic instructions or notices, by calling the Company, addressed to it at its address set forth opposite telephone number or numbers indicated for 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 party hereto; in Schedule 6 (or, as if 153 not provided on Schedule 6 with respect to any party, at such other address telephone number or to such other person as shall be designated numbers provided in writing by such party to the Administrative Agent). Each party shall notify the Administrative Agent in writing of any changes in the address, telephone number or email address to which notices to such Person should be directed, and of such other administrative information as the Administrative Agent shall reasonably request. Notwithstanding anything herein to the contrary, when any notice is sent or delivered to the Borrower in accordance with this Agreement, reasonable efforts shall be made to also send a written copy of such notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofCollateral Manager.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier telegraphic or electronic mailtelecopy communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telecopied or delivered, or (y) as and to the extent set forth in Section 9.02(b) and in the case of the Company or the Secured 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, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofat 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx, Attention: Xxxxxx Xxxxx, Telecopier: (000) 000-0000Chief Financial Officer, email xxxxxx_xxxxx@xxx.xxxwith a copy to Xxxx Lammas, Senior Vice President, General Counsel and Secretary; Xxxxxxx Xxxxxxxif to any Initial Lender Party, Telecopier: (000) 000-0000at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its Domestic Lending Office specified 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 Assignment and Assumption pursuant to which it became a party heretoLender Party; if to the Collateral Agent or the Administrative Agent, at its address at Eleven Madison Avenue, New York, New York, Attention: Xxxxx Xxxxxxxxx, or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties; provided, however, that materials and information described in Section 9.02(b) shall be delivered to the Administrative Agent in accordance with the provisions thereof or as otherwise specified to the Borrowers by the Administrative Agent. All such notices and other communications shall, when mailed, telegraphed or telecopied, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company or transmitted by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telecopier, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. As agreed to among the Borrowers, 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.

Notices, Etc. All (a) Except as otherwise provided in Section 8.2(b), all notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelecopy communication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, if to any Bank, as specified opposite its name on Schedule I hereto or specified in the case of the Company a Transfer Agreement for any assignee Bank delivered pursuant to Section 8.5(a) or the Secured Partyin a Revolving Credit Commitment Increase Agreement delivered pursuant to Section 2.19; if to a Borrower, addressed as specified opposite its name on Schedule II hereto; if to it at an Issuing Bank to its address as specified opposite its name on Schedule I or in the a Letter of Credit Commitment Increase Agreement delivered pursuant to Section 2.19; if to CUSA, as Agent or Collateral Agent, to its address at 2 Penns Way, Suite 200, New Castle, Delaware 19720 (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopiertelecopier number: (000) 000-0000; xxxxx xxxxxxx: xxxxxxxxxxxxxxx@xxtigroup.com), email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx XxxxxxxAttentixx: Xxxxxxxx Xccount Officer, Telecopierwxxx x xxxx xx Xxxxxxxx Xxxxx America, Inc., 000 Xxxy Street, Suite 3700, Houston, Texas 77002 (telecopier number: (000) 000-0000), email xxxxxxx_xxxxxxx@xxx.xxxXxxxxxxxx: Xxx Xxxxxxxx Xxxxxxxxs, Inc. Account Officxx; and Xxxxxx Xxxxxxxxxxxxxx, Telecopier: (000) 000-0000xx xx any Borrower, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) andany Issuing Bank, in the case of each Grantor other than Collateral Agent, or 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 party hereto; or, as to any partyAgent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrowers, each Issuing Bank, the Collateral Agent and the Agent; provided that materials required to be delivered pursuant to Section 5.1(b)(ii), (iii) and (iv) shall be delivered to the Agent as specified in Section 8.2(b) or as otherwise specified to any Borrower by the Agent; provided, further, that any communication that (A) relates to a request for a new, or a conversion of an existing, borrowing or other extension of credit (including any election of an interest rate or Interest Period relating thereto), (B) relates to the payment of any principal or other amount due under the Credit Agreement prior to the scheduled date therefor, (C) provides notice of any Default or Event of Default or (D) is required to be delivered to satisfy any condition precedent to the effectiveness of any provision of this Agreement and/or any borrowing, Letter of Credit, increase of any Letter of Credit or other extension of credit hereunder, shall be in writing (including telecopy communication) and mailed, telecopied or delivered pursuant to this Section 8.2(a). All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic maile-mailed, be effective when received (andin the mail, with respect to notices and communications sent by electronic telecopier to any party to the telecopier number as set forth herein or on Schedule I or Schedule II or specified in a Transfer Agreement for any assignee Bank delivered pursuant to Section 8.5(a) or in a Revolving Credit Commitment Increase Agreement or Letter of Credit Commitment Increase Agreement delivered pursuant to Section 2.19 (or other telecopy number specified by such party in a written notice to the other parties hereto) or confirmed by e-mail, upon confirmation by the recipient of the receipt of such notice or communication)respectively, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent shall not be effective until received by the Secured PartyAgent. Any notice or communication to a Bank shall be deemed to be a notice or communication to any SPC designated by such Bank and no further notice to an SPC shall be required. Delivery by telecopier of an executed counterpart of this Agreement, any other Credit Document or any amendment or waiver of any provision of this Agreement or any other Credit Document (other than a Letter of any Security Agreement Supplement or Schedule hereto Credit) shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier fax or electronic maile-mail communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 0000 Xxxx Xxxx Xxxxx, Xxxxxxx, Xxxxx 00000, Attention: Chief Administrative Officer and Chief Financial Officer; if to any Initial Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender Party; if to the Administrative Agent or the Collateral Agent, at its address at 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx Plaza 8th Floor, Charlotte, North Carolina 28288, Attention: Agency Services; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, faxed or E-mailed, be effective three days after being when deposited in the mails, when sent transmitted by overnight courier, be effective one day after being sent by overnight courier, and when telecopied fax or sent by electronic E-mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch Agent. Delivery by telecopier fax 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. Electronic mail and Internet and intranet websites may be used by the Administrative Agent and/or the Agents to distribute communications, such as Xxxxxx’x Restaurants Credit Agreement financial statements and other information as provided in Section 5.03, and to distribute Loan Documents for execution by the parties thereto, and the Administrative Agent and the Agents shall not be responsible for any losses, costs, expenses and liabilities that may arise by reason of the use thereof, except for their own gross negligence or willful misconduct. The Administrative Agent and the Lender Parties shall be entitled to rely and act upon any notices (including telephonic notices) purportedly given by or on behalf of the Borrower even if (a) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any form of notice specified herein, or (b) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify each Agent and each Lender Party from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower in accordance with this Agreement, other than, with respect to any Agent or Lender Party, the losses, costs, expenses and liabilities that result from the gross negligence or willful misconduct of such Agent or Lender Party. All telephonic notices to and other communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailfax communication and any other method of communication authorized by the Lender) and mailed, faxed, or otherwise sent by overnight courier, telecopied, emailed, or delivered, in if to the case of the Company Borrower or the Secured PartyGuarantor, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxxat c/o The Xxxxx & Wollensky Restaurant Group, Telecopier: Inc., 0000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or fax number (000) 000-0000, email xxxxxx_xxxxx@xxx.xxxAttention: Xxxx X. Xxxxxx, CFO; Xxxxxxx Xxxxxxxif to the Lender, Telecopier: at its address at 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or fax number (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, TelecopierAttention: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, in the case Director 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 party heretoCredit; or, as to any partythe Borrower, the Guarantor or the Lender at such other address or to such other person fax number as shall be designated by such party in a written notice to the other partiesparty. All such notices and other communications shall, when mailed, faxed, or otherwise sent or delivered, be effective three days after being when deposited in the mails, when faxed, or otherwise sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)delivered, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Lender pursuant to Article II shall not be effective until received by the Secured PartyLender. Delivery by telecopier fax of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement schedule or Schedule exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. The foregoing Basic Loan Terms are incorporated into and made a part of this Line of Credit Agreement. LINE OF CREDIT AGREEMENT LINE OF CREDIT AGREEMENT, dated as of January 30, 2004 between S&W OF LAS VEGAS, L.L.C., a Delaware limited liability company (the “Borrower”), THE XXXXX & WOLLENSKY RESTAURANT GROUP, INC., a Delaware corporation (the “Guarantor”), and XXXXXX XXXXXXX XXXX XXXXXX COMMERCIAL FINANCIAL SERVICES, INC., a Delaware corporation (the “Lender”).

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 200 Xxxxxx Xxxxxx, Xxxxxxx, XX 00000, Xxtention: Chrixxxxxxx X. Xxxxxx; 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 Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to Assignment and Acceptance or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 New Commitment Acceptance pursuant to which it became a party heretoLender; orand 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 00000; xx, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx at 0000 Xxxxxxx Xxxxx, TelecopierNew Britain, Connecticut 06050, Attention: (Secretary, telecopy no. 000) -000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx with a copy to Xxxxx X. Xxxxxxx, Telecopier: (000) 000Director, Corporate Finance, at the same address and telecopy no. 203-0000827- 3848; if to any Initial Lender, email xxxxxxx_xxxxxxx@xxx.xxxat its Domestic Lending Office specified opposite its name on Schedule I hereto; and Xxxxxx Xxxxxxxxxxxxif to any other Lender, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its Domestic Lending Office specified 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 Assignment and Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at 0xx Xxxxx, Xxxx 0, Xxx Xxxxx Xxxxxx, Xxxx Xxxxxx Xxxx, Xxx Xxxx 00000, Attention: Loan Investor Services Department; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mailtelexed, be effective when received telecopied (and, with respect to notices and communications sent receipt confirmed by electronic mail, upon confirmation telephone) or confirmed by the recipient of the receipt of such notice or communication)telex answerback, respectively; , and when delivered by handmailed or delivered, be effective upon delivery; when received, except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, or (y) as and to the extent set forth in Section 9.02(b) and (c), if to Loan Parties, at the case address of the Company or the Secured PartyGuarantor at One East Weaver Street, addressed to it Greenwich, Connecticut 06831, Attention: Erxx Xxxxxxx; xx xx any Initial Lender, at its address Domestic Lending Offixx xxxxxxxxx opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; orand if to the Agent, as to any partyat its address at Two Penns Way, New Castle, Delaware 19720, Attention: Bank Loan Syxxxxxxxxxx Xxxxxxxxxx; xx, xx xx xxx Xxxx Party or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrowers and the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight courier, telecopied, emailedtelegraphed, telexed or delivered, in the case of the Company or the Secured Partyif to Paxar, addressed at its address at 105 Xxxxxxxxx Xxxx Xxxxx, Xxxxx Xxxxxx, Xxx Xxxx 00000-0000, Xxtention: Georxx Xxxxxxxx; xx to it any other Borrower, at its address specified in the Letter of applicable Credit Agreement (provided that any notices Supplement; if to any Grantor in respect of Section 1 hereof shall also be delivered Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to the attention of: Xxxxxx Xxxxxany other Lender Party, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) and, at its Domestic Lending Office specified 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 Assignment and Acceptance pursuant to which it became a party heretoLender Party; orand if to the Administrative Agent, at its address at 244 Xxxxxxxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxx Xxxx 00000, Xxtention: Neil Xxxxx; xx, as to any partyPaxar or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to Paxar and the Administrative Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, delivered or (y) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address specified in the Letter of Credit Agreement at 00 Xxxxxxxx Xxxxxxx, X.X., Xxxxxxx, Xxxxxxx 00000, Attention: Financial Resources Department (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: telecopier number (000) 000-0000); if to any Initial Lender, email xxxxxx_xxxxx@xxx.xxxat its Domestic Lending Office specified opposite its name on Schedule I hereto; Xxxxxxx Xxxxxxxif to any other Lender, Telecopierat its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender; if to the Agent, at its address at Xxx Xxxxx Xxx, Xxxxx 000, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Officer (telecopier number (000) 000-0000); if to the Sub-Agent, email xxxxxxx_xxxxxxx@xxx.xxx; and at its address at 0 Xxxxxxx Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxx XxxxxxxxxxxxXxxxxxx, TelecopierX00 0XX, Attention: Xxx Xxxxxx (telecopier number 00-000) -000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(g)(i), (ii) or (iii) may be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and other communications shall, when mailed, telecopied or e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent confirmed by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic, telex or electronic mailcable communication) and mailed, sent by overnight couriertransmitted, telecopiedtelegraphed, emailedtelexed, cabled or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 00000 Xxxxxx Xxxx Xxxx, Xxxx Xxxxxxx, XX 00000, Attention: Treasurer, with a copy to the Corporate Secretary of the Borrower, at the aforesaid address, if to any Lender, at its Domestic Lending Office specified opposite its name on Schedule II hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices Assignment and Acceptance pursuant to any Grantor in respect of Section 1 hereof shall also be delivered which it became a Lender; and if to the attention of: Xxxxxx Agent, JPMorgan Chase Bank, Loan and Agency Services Group, One Chase Xxxxxxxxx Xxxxx, Telecopier: 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention of Xxxxxx Xxxxxxxx (Telecopy No. (000) 000-0000), email xxxxxx_xxxxx@xxx.xxx; with a copy to JPMorgan Chase Bank, 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention of Xxxxxx Xxxxxxx Xxxxxxx, Telecopier: (Telecopy No. (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx); and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 as to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, transmitted, telegraphed, telexed or cabled, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company, confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied telex answerback or sent by electronic mail, be effective when received (and, with respect delivered to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)cable company, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II or VII shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofAgent.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, delivered or (y) as and to the extent set forth in Section 8.02(b) and in the case of proviso to this Section 8.02(a), if to the Company or the Secured PartyBorrower, addressed to it at its address at 0000 Xxxx 000xx Xxxxxx, 00xx Xxxxx, Xxxxxxxx Xxxx, XX 00000-0000, Attention: Treasurer (Telecopier: 913 523-2786), with a copy to Xxxxxxx Xxxxxxxxx, Esq. at 544 West 110 th Street, 0xx Xxxxx, Xxxxxxxx Xxxx, XX 00000-0000, (Telecopier: 913 523-9825); 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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and other communications shall, when mailed, telecopied or e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent confirmed by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier or electronic transmission of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either in writing (including telecopier or other electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, electronically transmitted or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 000 X Xxxxx Xx, Xxxx xx Xxxxxxx XX 00000, Attention: Treasurer, with a copy to UGI Utilities, Inc., Box 858, Valley Forge, PA 19482, Attention: Legal Department; if to any Initial Lender, at its Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Assumption pursuant to which it became a party heretoLender; and if to the Agent or the Issuing Lender, at its address at 0000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxx 00000, Attention: Xxxxxxx D’Ginto with a copy to PNC Bank, National Association, PNC Firstside Center, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, XX 00000, Attention: Agency Services; or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, except in each case as otherwise provided in Section 8.02(b) and (c) below. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied mailed or sent by electronic mailelectronically transmitted, be effective when received (and, with respect to notices and communications sent deposited in the mail or confirmed by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)transmission, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent or the Issuing Lender pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier or other electronic imaging of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All Except as otherwise expressly provided in this Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Agreement shall be in writing (including telecopier and shall be delivered by hand, mailed by United States first class mail, postage prepaid, by accepted express mail service, postage prepaid, or electronic mail) and mailed, sent by overnight couriertelegraph, telecopied, emailed, telex or delivered, in the case of the Company or the Secured Partysuch Bank's facsimile transmission and confirmed by letter, addressed to it at its address specified in the Letter of Credit Agreement as follows: (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered a) if to the attention ofBorrower, at: Belmont Fund, L.P. c/o Xxxxxxxx Xxxxxxxxxx Xxxxx Xxxxxxx Xxxxxxxx X0X 82 Dxxxxxxxxx Xxxxxx XxxxxXxxxxx, TelecopierXX 00000 Facsimile: (000617) 000-00000000 Attention: Portfolio Manager and with a copy to: Fidelity Management Trust Company Mailzone N8A 82 Dxxxxxxxxx Xxxxxx Xxxxxx, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, TelecopierXX 00000 Facsimile: (000617) 000-00000000 Attention: Manager Trust Operations and with a copy to: Judy X. Xxxxxxx, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxq. Associate General Counsel Fidelity Investments Mailzone F7D 82 Dxxxxxxxxx Xxxxxx XxxxxxxxxxxxXxxxxx, TelecopierXX 00000 Facsimile: (000617) 000-00000000 or at such other address for notice as the Borrower shall last have furnished in writing to the Agent; or (b) if to the Agent, email xxxxxx_xxxxxxxxxxxx@xxx.xxxat [ ] [ ] Boston, Massachusetts [ ] Facsimile: [ ] Attention: [ ] or at such other address for notice as the Agent shall last have furnished in writing to the Borrower; or (c) andif to any Bank, in to the case of each Grantor other than the Company, addressed to it at its address set forth opposite beneath the name of such Grantor’s name Bank on the signature pages hereto hereof, or on in the signature page to the Security Assignment and Acceptance Agreement Supplement pursuant to which it became a party hereto; orapplicable thereto, as to any party, or at such other address or for notice as any Bank shall last have furnished in writing to the Agent and the Borrower. Any such other person as notice shall be designated deemed to have been duly given or made and to have become effective (a) if delivered by hand to a responsible officer of the party to which it is directed, at the time of receipt thereof by such party in a written notice to the other parties. All such notices and other communications shallofficer, when mailed, be effective three days after being deposited in the mails, when (b) if sent by overnight courierregistered or certified first class mail, be effective one day postage prepaid, three Business Days after being the posting thereof, (c) if sent by overnight courieraccepted express mail service, postage prepaid, one Business Day after posting thereof, and when telecopied or (d) if sent by electronic mailfacsimile transmission, be effective when received (andtelex or cable, with respect to notices and communications sent by electronic mail, upon confirmation by at the recipient time of the receipt of such notice any automatic answer-back or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Partysimilar acknowledgment of receipt thereof. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofSection 13.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) as and to the extent set forth in Section 9.02(b) or (y) in writing (including telecopier or electronic mailtelegraphic communication) and mailed, sent by overnight courier, telecopied, emailed, telegraphed or delivered, in if to the case of the Company or the Secured PartyCompany, addressed to it at its address specified in the Letter of Credit Agreement at 6200 Sprint Parkway, Overland Park, Kansas 66251, Attention: Xxxxxxxxx (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, TelecopierXxxxxxxxxx Xx.: (000) 000-0000); xx xx Sprint Capital, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx at its address at 6200 Sxxxxx Xxxxxxx, TelecopierOverland Park, Kansas 66251, Attentiox: Xxxxxxxxx (Xxxxxxxxxx Xx.: (000) 000-0000); xx to any Initial Lender, email xxxxxxx_xxxxxxx@xxx.xxxat its Domestic Lexxxxx Xxxxxx xpecified 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 388 Greenwich Street, New York, New York 10013, Attention: Xxxxxx Xxxxxxxxxxxx, TelecopierXxxx (Xxxxxxxxxx Xx.: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto); orxx, as to any partyBorxxxxx xx xxe Administrative Xxxxx, at such xx xxch other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrowers and the Administrative Agent. All such notices and other communications shall, when mailed, telecopied or telegraphed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect delivered to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telegraph company, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAdministrative 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 Security Agreement Supplement or Schedule Exhibit (other than the Notes) hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailtelegraphic communication) and mailed, sent by overnight courier, telecopied, emailed, telegraphed or delivered, delivered or (y) as and to the extent set forth in Section 9.02(b) and in the case of proviso to this Section 9.02(a), if to the Company or Parent Borrower, at its address at 800 Xxxxxxxxx Xxxxxxxxx, Xx Xxxxx, Xxxxxxxx 00000, Attention: Chief Financial Officer, with an information copy to the Secured PartySecretary at the same address; if to any Foreign Subsidiary Borrower, addressed to it at its address (or telecopy number) specified in the Letter of Credit relevant Borrowing Subsidiary Agreement (provided that any notices with a copy to the Parent Borrower at its address specified above; if to any Grantor 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 respect of Section 1 hereof shall also be delivered the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; and if to the attention ofAgent, at its address at 1000 Xxxxxx Xxxxxx, 10th Floor, Houston, Texas 77002, Attention: Xxxxxx Ixx Xxxxxxxx (with a copy to: 200 Xxxx Xxxxxx, 0xx Xxxxx, TelecopierXxx Xxxx, Xxx Xxxx 00000, Attention: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) Pxxxx Xxxxxxxx and, in the case of each Grantor other than the Companyany notice relating to Euro Advances, addressed with a copy 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 party heretoJ.X. Xxxxxx Europe Limited, 100 Xxxxxx Xxxx, Xxxxxx, XX0X 0XX, Xxxxxx Xxxxxxx, Telecopier No. 011-44-20-7777-2360, Attention: Cxxxx Xxx); or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Parent Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(f)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Parent Borrower by the Agent. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, shall be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Partyreceipt. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All (a) Except where telephonic instructions or notices are authorized herein to be given (and except as provided in subsection (b) below), all notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto or any other Person shall be in writing and (including telecopier except for financial statements pertaining to any Loan Party, which may be sent by first-class mail, postage prepaid) shall be personally delivered or electronic sent by registered or certified mail, postage prepaid, return receipt requested, or by Federal Express or other reputable express mail service, or by facsimile (confirmed promptly thereafter by personal delivery or mailing in accordance with the provisions of this Section 14.4 of the document sent by facsimile) and mailedshall be deemed to be given for purposes of this Agreement on the day that such writing is delivered or sent to the intended recipient thereof in accordance with the provisions of this Section 14.4; provided that notice by registered or certified mail shall be deemed to be given three (3) Business Days after it is so sent. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section 14.4, sent by overnight couriernotices, telecopieddemands, emailedinstructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (or to their respective facsimile numbers) indicated below in the case of the Borrower and on Schedule 1(b) in the case of the Administrative Agent and the Banks, or deliveredand, in the case of telephonic instructions or notices, by calling the Company telephone number or numbers indicated for such party below or on Schedule 1(b), as the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered case may be: If to the attention ofBorrower: Xxxxxx XxxxxX.X. Xxxx Transport, TelecopierInc. 000 X.X. Xxxx Corporate Drive Xxxxxx, Arkansas 72745 Attention: Vice President, Treasurer Telephone No.: (000) 000-0000 Facsimile No.: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 . Anything herein to the Security Agreement Supplement contrary notwithstanding, notices from the Borrower pursuant to which it became a party hereto; orSections 2.3, as to any party4.1, at such other address or to such other person as 4.2 and 6.7 shall be designated effective, for purposes of this Agreement, only when actually received by such party in a written notice all Persons to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of whom such notice is required to be sent or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofgiven.

Notices, Etc. All notices and other communications provided for required or permitted hereunder shall be in writing (including telecopier or electronic and shall be delivered personally, via facsimile, mailed by first class mail) and mailed, sent by overnight courier, telecopied, emailedpostage prepaid, or delivereddelivered by courier or overnight delivery, addressed (a) at such Holder's address as set forth in the case of the Company Company's records, or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any party, at such other address or to such other person facsimile number as the Holder shall be designated by such party in a written notice have furnished to the other partiesCompany in writing or (b) if to the Company at Xxx Xxxxxx Xxxxxx, Xxxxxxx Tower, Suite 700, San Francisco, CA 94105, or such address as the Company shall have furnished to the Holder in writing. All such notices notices, requests and other communications shall, when mailedwill (i) if delivered personally or by express courier to the address as provided in this Section, be effective three days after being deposited deemed given upon delivery, or (ii) if delivered by facsimile transmission to the facsimile number as provided in the mails, when sent by overnight courierthis Section, be effective one day after being sent by overnight courierdeemed given upon receipt. Delays or Omissions. Except as expressly provided herein, and when telecopied no delay or sent by electronic mailomission to exercise any right, be effective when received (and, with respect power or remedy accruing to notices and communications sent by electronic mailany Holder, upon confirmation by the recipient any breach or default of the receipt Company under this Agreement, shall impair any such right, power or remedy of such notice or communication), respectively; and when delivered by hand, Holder nor shall it be effective upon delivery; except that notices and other communications construed to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or a waiver of any provision such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any Holder of any breach or default under this Agreement, or any waiver on the part of any Holder of any provisions or conditions of this Agreement or of any Security Agreement Supplement or Schedule hereto agreement, must be in writing and shall be effective as delivery of an original executed counterpart thereofonly to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law or otherwise afforded to any holder shall be cumulative and not alternative.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailcommunication) and mailed, sent by overnight courier, telecopied, emailed, mailed or delivereddelivered or (y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), in the case of the Company or the Secured an electronic medium and delivered as set forth in Section 9.02(b), (i) if to any Loan Party, addressed to it the Borrower at its address as set forth on Schedule 9.02 attached hereto; (ii) if to any Lender identified on Schedule I hereto, at its Lending Office specified opposite its name on Schedule I hereto; (iii) if to any Initial Lender, at its Lending Office specified in Schedule I attached hereto; (iv) if to any other Lender, at its Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party Lender; (v) if to the Term Loan Collateral Agent or Administrative Agent, at its address as set forth on Schedule 9.02 attached hereto; or, as to any partythe Borrower or the Administrative Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each Senior Secured Term Loan Credit Agreement among U.S. Well Services, Inc., USWS Holdings LLC, U.S. Well Services, LLC, the Subsidiary Guarantors, the Initial Lenders, and CLMG Corp. dated as of May 7, 2019 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, however, that materials and information described in Section 9.02(b) shall be delivered to the Administrative Agent in accordance with the provisions thereof or as otherwise specified to the Borrower by the Administrative Agent. All such notices and other communications shall, when mailed, e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied mails or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, Article III or Article VII shall not be effective until received by the Secured Partysuch Agent. Delivery by telecopier electronic communication of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto the Notes shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices notices, requests and other communications ------------ provided for hereunder shall to any party under this Agreement shall, except as otherwise expressly specified herein, be in writing (including telecopier or electronic mailby facsimile) and mailed, sent mailed by overnight courierdelivery, telecopied, emailed, transmitted by facsimile or delivered: if to the Company, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 hereof or on the signature page to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties; if to any Lender, to its Domestic Lending Office specified opposite its name on Schedule 1.01(b) ---------------- or any other address as designated by such Lender to the Company, the Agent and the Issuing Bank; if to the Agent or the Issuing Bank, to the office specified in Schedule 1.01(b) or such other address as shall be designated by such party ------------------- in a notice to the other parties. All such notices and other communications shallshall be effective, if transmitted by facsimile, when mailedtransmitted, be effective three days after being deposited in the mailsor, when sent if mailed by overnight courierdelivery or delivered, be effective one day after being sent by overnight courierupon delivery, and when telecopied or sent by electronic mail, be effective when received except that (and, with respect to a) notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other facsimile communications to the Secured Party Agent pursuant to Articles 2 or 11 shall not be ---------- -- effective until received by the Agent, (b) any notice by facsimile to the Agent must be confirmed by telephone or mail, and (c) notices pursuant to Article 3 to --------- the Issuing Bank shall not be effective until actually received by the Secured PartyIssuing Bank. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto The Agent, Issuing Bank, and the Lenders shall be effective entitled to rely and act upon any notices (including telephonic Borrowing Notices) purportedly given by or on behalf of the Company even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as delivery of an original executed counterpart understood by the recipient, varied from any confirmation thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight couriermailed (return receipt requested), telecopied, emailedtelegraphed, telexed or delivered, in the case of if to the Company or to any Designated Subsidiary, at the Secured PartyCompany’s address at 000 Xxxxxxxx Xxxx, addressed Xxxxxxxxxx, Xxx Xxxxxx 00000-0000, Attention: Assistant Treasurer; if to it any Initial Lender, at its address Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department, with a copy to 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxx Xxxxxx; and if to the Swing Line Agent, at its address at 0 Xxxxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx X00 0XX, Xxxxxxx, Attention: Xxx Xxxxxx/Xxxxx Xxxxxxxxx; or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent; provided that materials 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 other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic or electronic mailtelex communication) and mailed, sent by overnight couriermailed (return receipt requested), telecopied, emailedtelegraphed, telexed or delivered, in the case of if to the Company or to any Designated Subsidiary, at the Secured PartyCompany's address at 000 Xxxxxxxx Xxxx, addressed Xxxxxxxxxx, Xxx Xxxxxx 00000-0000, Attention: Assistant Treasurer; if to it any Initial Lender, at its address Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Xxx Xxxxx Xxx, Xxx Xxxxxx, Xxxxxxxx 00000, Attention: Bank Loan Syndications Department, with a copy to 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxxxx; or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent. All such notices and other communications shall, when mailed, telecopied, telegraphed or telexed, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company or confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or which includes electronic mailmedium and facsimile communication) and mailed, sent by overnight courier, telecopied, emailed, telecopied or delivered, delivered or (y) as and to the extent set forth in Section 9.02(b) and in the case of proviso to this Section 9.02(a), if to the Company or any other Borrower, to (or in care of) the Secured PartyCompany, addressed to it at its address at 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Senior Vice President of Finance and Treasurer (with a copy at the same address to the Senior Vice President and General Counsel); if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Assumption pursuant to which it became a party heretoLender; and if to the Agent, at its address at Building #3, 0000 Xxxxx Xxxx, New Castle, Delaware 19720, Attention: Bank Loan Syndications Department, email for Notice of Issuance, Notice of Borrowing: XXXxxxxXxxxxxXxx@xxxx.xxx; or, as to any partythe Company or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(h) shall be delivered to the Agent as specified in Section 9.02(b). All such notices and other communications shall, when mailed, telecopied or e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent confirmed by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier electronic medium or facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for ---------------- hereunder shall be in writing (including telecopier or electronic mailcommunication) and mailed, sent telecopied or delivered by overnight hand or by courier, telecopiedif to the Borrower, emailed, or delivered, in the case of the Company or the Secured Party, addressed to it at its address at 0 Xxx xx Xxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxxx 00000, Attention: W. Xxxx Xxxxxx (fax no. 000 000-0000), with a copy to its Secretary (fax no. 781 000-0000); 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 Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxxxx Xxxxxxx (fax no. 000 000-0000), with a copy to Xxx Xxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx X. XxXxxxx (fax no. 000 000-0000); or, as to any partythe Borrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each Lender, at such other address as shall be designated by such Lender in a written notice to the Borrower and the Agent. All such notices and other communications shall, when mailed, to any Person shall be effective three (a) when actually delivered in fully legible form to such Person or (b) five days after being deposited in the United States mails, when sent by overnight courierwith first class postage prepaid and registered or certified, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except provided that notices and other -------- communications to the Secured Party Agent pursuant to Article II, III or VII shall not be effective until received by the Secured PartyAgent, and provided, further, that notices and -------- ------- communications to any Person required to be provided hereunder within five Business Days shall only be made by hand or via telecopy or courier. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telecopier, telegraphic, telex or electronic mailcable communication) and mailed, sent by overnight couriertransmitted, telecopiedtelegraphed, emailedtelexed, cabled or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 00000 Xxxxxx Xxxx Xxxx, Xxxx Xxxxxxx, XX 00000, Attention: Treasurer with a copy to the Corporate Secretary of the Borrower, at the aforesaid address, if to any Lender, at its Domestic Lending Office specified opposite its name on Schedule II hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices Assignment and Acceptance or in the agreement entered into by such Lender pursuant to any Grantor in respect of Section 1 hereof shall also be delivered 2.07(b), pursuant to which it became a Lender; and if to the attention of: Xxxxxx Agent, The Chase Manhattan Bank, Loan and Agency Services Group, One Chase Xxxxxxxxx Xxxxx, Telecopier: 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention of Xxxxxx Xxxxxxxx (Telecopy No. (000) 000-0000), email xxxxxx_xxxxx@xxx.xxxwith a copy to The Chase Manhattan Bank, 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention of Xxxxxx Xxxxxxx (Telecopy No. (212) 270- 7594); Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 as to the Security Agreement Supplement pursuant to which it became a party hereto; or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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 other communications shall, when mailed, transmitted, telegraphed, telexed or cabled, be effective three days after being when deposited in the mails, when sent telecopied, delivered to the telegraph company, confirmed by overnight courier, be effective one day after being sent by overnight courier, and when telecopied telex answerback or sent by electronic mail, be effective when received (and, with respect delivered to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)cable company, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II or VII shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofAgent.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telex, telecopy or electronic mailcable communication) and mailed, sent by overnight couriertelegraphed, telexed, telecopied, emailedcabled or delivered by hand, or deliveredif to the Borrower, in the case of the Company or the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention ofat 00000 Xxxx Xxxx, Dallas, Texas 75240, Attention: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000Executive Vice President; if to any Lender, email xxxxxxx_xxxxxxx@xxx.xxxat its Domestic Lending Office specified opposite its name on Schedule I hereto; and Xxxxxx Xxxxxxxxxxxxif to the Documentation Agent, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 at 000 Xxxx Xxxxxx, 00xx Xxxxx, Xxxxxx, Xxxxx 00000, Attention: Xxxxxxx Xxxxxx, Senior Vice President, and if to the Security Agreement Supplement pursuant to which it became a party heretoAdministrative Agent, at its address at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Heritage Media Account Officer; or, as to any partythe Borrower, the Administrative Agent or the Documentation Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties 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, telegraphed, telexed, telecopied, cabled or delivered, be effective three days after being when deposited in the mails, when sent delivered to the telegraph company, confirmed by overnight couriertelex answerback, be effective one day after being sent telecopied with confirmation of receipt, delivered to the cable company or delivered by overnight courier, and when telecopied hand to the addressee or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)its agent, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Administrative Agent or the Documentation Agent, as the case may be, pursuant to Article II or IX shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofAdministrative Agent.

Notices, Etc. All notices and other communications provided for hereunder shall be either (x) in writing (including telecopier or electronic mailtelecopy communication) and mailed, sent by overnight couriertelecopied or delivered or (y) as and to the extent set forth in Section 8.2(b) and in the provisos to this Section 8.2(a), telecopied, emailed, or in an electronic medium and delivered, as set forth in the case of the Company Section 8.2(b), if to any Bank, as specified opposite its name on Schedule I hereto or the Secured Partyspecified in a Transfer Agreement for any assignee Bank delivered pursuant to Section 8.5(a); if to a Borrower, addressed as specified opposite its name on Schedule II hereto; if to it at an Issuing Bank to its address as specified in the Letter of Credit Agreement opposite its name on Schedule I; and if to Citibank, as Agent or Collateral Agent, to its address at 0 Xxxxx Xxx, Xxxxx 000, Xxx Xxxxxx, Xxxxxxxx 00000 (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopiertelecopier number: (000) 000-0000), email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx XxxxxxxAttention: Xxxxxxxx Account Officer, Telecopierwith a copy to Citicorp North America, Inc., 0000 Xxxxx Xxxxxx, Suite 2000, Houston, Texas 77002 (telecopier number: (000713) 000654-00002849), email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx XxxxxxxxxxxxAttention: The Xxxxxxxx Companies, Telecopier: (000) 000-0000Inc. Account Officer, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 party hereto; or, as to any partyBorrower, any Issuing Bank, the Collateral Agent, or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to any Borrower, each Issuing Bank, the Collateral Agent and the Agent; provided that materials required to be delivered pursuant to Section 5.1(b)(ii), (iii) and (iv) shall be delivered to the Agent as specified in Section 8.2(b) or as otherwise specified to any Borrower by the Agent; provided, further, that any communication that (A) relates to a request for a new, or a conversion of an existing, borrowing or other extension of credit (including any election of an interest rate or interest period relating thereto), (B) relates to the payment of any principal or other amount due under the Credit Agreement prior to the scheduled date therefor, (C) provides notice of any Default or Event of Default under the Credit Agreement or (D) is required to be delivered to satisfy any condition precedent to the effectiveness of the Credit Agreement and/or any borrowing or other extension of credit thereunder, shall be in writing (including telecopy communication) and mailed, telecopied or delivered pursuant to this Section 8.2(a). All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic maile-mailed, be effective when received (andin the mail, with respect to notices and communications sent by electronic telecopier to any party to the telecopier number as set forth herein or on Schedule I or Schedule II or specified in a Transfer Agreement for any assignee Bank delivered pursuant to Section 8.5(a) (or other telecopy number specified by such party in a written notice to the other parties hereto) or confirmed by e-mail, upon confirmation by the recipient of the receipt of such notice or communication)respectively, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent shall not be effective until received by the Secured PartyAgent. Any notice or communication to a Bank shall be deemed to be a notice or communication to any SPC designated by such Bank and no further notice to an SPC shall be required. Delivery by telecopier of an executed counterpart of this Agreement or of any amendment or waiver of any provision of this Agreement or any other Credit Document (other than a Letter of any Security Agreement Supplement or Schedule hereto Credit) shall be effective as delivery of an original a manually executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier telegraphic, telecopy or electronic mailtelex communication) and mailed, sent by overnight couriertelegraphed, telecopied, emailed, telexed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 000 Xxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000, Attention: Xxxxxxx Xxxxxxxxxx; if to any Initial Lender or the Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender Party; if to the Collateral Agent or Administrative Agent, at its address at 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000-0000, Attention: Xxxxx Xxxxxxxx as well as to counsel to the Administrative Agent, Xxxxx Xxxx & Xxxxxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxxx X. Xxxxxxx, Esq.; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, telegraphed, telecopied or telexed, be effective three days Business Days after being deposited in the U.S. mails, when sent delivered to the telegraph company, transmitted by overnight courier, be effective one day after being sent telecopier or confirmed by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication)telex answerback, respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Notices, Etc. All notices and other communications provided for hereunder shall be in writing (including telecopier fax or electronic maile-mail communication) and mailed, sent by overnight couriere-mailed, telecopied, emailed, faxed or delivered, in if to the case of the Company or the Secured PartyBorrower, addressed to it at its address at 00000 XX 0xx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxxxx 00000, Attention: Chief Financial Officer; if to any Initial Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender Party; if to the Administrative Agent or the Collateral Agent, at its address at 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx Plaza 8th Floor, Charlotte, North Carolina 28288, Attention: Agency Services; or, as to any party, at such other address or to such other person as shall be designated by such party in a written notice to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied e-mailed or sent by electronic mailfaxed, be effective when received (and, with respect to notices and communications sent deposited in the mails or transmitted by electronic fax or e-mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party any Agent pursuant to Article II, III or VII shall not be effective until received by the Secured Partysuch Agent. Delivery by telecopier fax 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 Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. Electronic mail and Internet and intranet websites may be used by the Administrative Agent and/or the Agents to distribute communications, such as financial statements and other information as provided in Section 5.03, and to distribute Loan Documents for execution by the parties thereto, and the Administrative Agent and the Agents shall not be responsible for any losses, costs, expenses and liabilities that may arise by reason of the use thereof, except for their own gross negligence or willful misconduct. The Administrative Agent and the Lenders shall be entitled to rely and act upon any notices (including telephonic notices) purportedly given by or on behalf of the Borrower even if (a) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any form of notice specified herein, or (b) the terms thereof, as understood by the recipient, <PAGE> 74 varied from any confirmation thereof. The Borrower shall indemnify each Agent and each Lender from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower in accordance with this Agreement, other than, with respect to any Agent or Lender, the losses, costs, expenses and liabilities that result from the gross negligence or willful misconduct of such Agent or Lender. All telephonic notices to and other communications with the Administrative Agent may be recorded by the Administrative Agent, and each of the parties hereto hereby consents to such recording.

Notices, Etc. All (a) Except where telephonic instructions or notices are authorized herein to be given (and except as provided in subsection (b) below), all notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto or any other Person shall be in writing and (including telecopier except for financial statements pertaining to any Loan Party, which may be sent by first-class mail, postage prepaid) shall be personally delivered or electronic sent by registered or certified mail, postage prepaid, return receipt requested, or by Federal Express or other reputable express mail service, or by facsimile (confirmed promptly thereafter by personal delivery or mailing in accordance with the provisions of this Section 14.4 of the document sent by facsimile) and mailedshall be deemed to be given for purposes of this Agreement on the day that such writing is delivered or sent to the intended recipient thereof in accordance with the provisions of this Section 14.4; provided that notice by registered or certified mail shall be deemed to be given three (3) Business Days after it is so sent. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section 14.4, sent by overnight couriernotices, telecopieddemands, emailedinstructions and other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses (or to their respective facsimile numbers) indicated below in the case of the Borrower and on Schedule 1(b) in the case of the Administrative Agent and the Banks, or deliveredand, in the case of telephonic instructions or notices, by calling the Company telephone number or numbers indicated for such party below or on Schedule 1(b), as the Secured Party, addressed to it at its address specified in the Letter of Credit Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered case may be: If to the attention ofBorrower: Xxxxxx XxxxxX.X. Xxxx Transport, TelecopierInc. 615 X.X. Xxxx Xxxxxxxxx Xxxxx Xxxxxx, Arkansas 72745 Attention: Treasurer Telephone No.: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier0000 Facsimile No.: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 0000 Anything herein to the Security Agreement Supplement contrary notwithstanding, notices from the Borrower pursuant to which it became a party hereto; orSections 2.3, as to any party4.1, at such other address or to such other person as 4.2 and 6.7 shall be designated effective, for purposes of this Agreement, only when actually received by such party in a written notice all Persons to the other parties. All such notices and other communications shall, when mailed, be effective three days after being deposited in the mails, when sent by overnight courier, be effective one day after being sent by overnight courier, and when telecopied or sent by electronic mail, be effective when received (and, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of whom such notice is required to be sent or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party shall not be effective until received by the Secured Party. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Security Agreement Supplement or Schedule hereto shall be effective as delivery of an original executed counterpart thereofgiven.

Notices, Etc. (a) All notices and other communications provided for hereunder shall be either (a) in writing (including telecopier facsimile or electronic mailcommunication) and mailed, sent by overnight courierfacsimile, telecopied, emailed, emailed or delivered, delivered or (y) as and to the extent set forth in Section 9.02(c) and in the case proviso to this Section 9.02(a), if to any Borrower, at the address of the Company or at 00000 Xxxxxxxx Xxxx., Xxxxxxxxx, Xxxx 00000-0000, Attention: Treasurer (with a copy to the Secured PartyCompany’s legal division at the same address) if to any Initial Lender, addressed to it at its address Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Domestic Lending Office specified in the Letter of Credit Assumption Agreement (provided that any notices to any Grantor in respect of Section 1 hereof shall also be delivered to or the attention of: Xxxxxx Xxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxx@xxx.xxx; Xxxxxxx Xxxxxxx, Telecopier: (000) 000-0000, email xxxxxxx_xxxxxxx@xxx.xxx; Assignment and Xxxxxx Xxxxxxxxxxxx, Telecopier: (000) 000-0000, email xxxxxx_xxxxxxxxxxxx@xxx.xxx) 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 Acceptance pursuant to which it became a party heretoLender; and if to the Agent, at its address at Citibank, N.A., 0000 Xxxxx Xx, Bldg #3, New Castle, Delaware 19720, Attention: Bank Loan Syndications Department; or, as to any partyBorrower or the Agent, at such other address or to such other person as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the 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 other communications shall, when mailed, sent by facsimile or e-mailed, be effective three days after being when deposited in the mails, when sent by overnight courier, be effective one day after being sent facsimile or confirmed by overnight courier, and when telecopied or sent by electronic e-mail, be effective when received (andrespectively, with respect to notices and communications sent by electronic mail, upon confirmation by the recipient of the receipt of such notice or communication), respectively; and when delivered by hand, be effective upon delivery; except that notices and other communications to the Secured Party Agent pursuant to Article II, III or VIII shall not be effective until received by the Secured PartyAgent. Delivery by telecopier facsimile or email of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Security Agreement Supplement or Schedule Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original a manually executed counterpart thereof.