Common use of Notices; Payment Information Clause in Contracts

Notices; Payment Information. Except as provided below, all communications and notices provided for hereunder shall be in writing (including facsimile, email or other electronic transmission or similar writing) and shall be given to the other party at its address, facsimile number or email address set forth in Schedule 11.3 or at such other address, facsimile number or email address as such party may hereafter specify for the purposes of notice to such party. Each such notice or other communication shall be effective (i) if given by facsimile, when such facsimile is transmitted to the facsimile number specified in Schedule 11.3 and confirmation is received, (ii) if given by mail, three (3) Business Days following such posting, if postage prepaid, and if sent via U.S. certified or registered mail, (iii) if given by overnight courier, one (1) Business Day after deposit thereof with a national overnight courier service, (iv) if given by email, when such email is transmitted to the email address specified in Schedule 11.3, or (v) if given by any other means, when received at the address specified in this Section 11.3, provided that an Investment Request shall only be effective upon receipt by the Managing Agents. However, anything in this Section 11.3 to the contrary notwithstanding, the SPV hereby authorizes the Agent and the Managing Agents to make investments in Eligible Investments and to make Investments based on telephonic notices made by any Person which the Agent or the Managing Agents in good faith believe to be acting on behalf of the SPV. The SPV agrees to deliver promptly to the Agent or the Managing Agents a written confirmation of each telephonic notice signed by an authorized officer of SPV. However, the absence of such confirmation shall not affect the validity of such notice. If the written confirmation differs in any material respect from the action taken by the Agent or the Investors, the records of the Agent or the Managing Agents shall govern.

Notices; Payment Information. Except as provided below, all communications and notices provided for hereunder shall be in writing (including facsimile, email e-mail or other electronic transmission or similar writing) and shall be given to the other party at its address, facsimile number or email address set forth in Schedule 11.3 or at such other address, facsimile number or email address as such party may hereafter specify for the purposes of notice to such party. Each such notice or other communication shall be effective (i) if given by facsimile, when such facsimile is transmitted to the facsimile number specified in Schedule 11.3 and confirmation is received, (ii) if given by mail, three (3) Business Days following such posting, if postage prepaid, and if sent via U.S. certified or registered mail, (iiiii) if given by overnight courier, one (1) Business Day after deposit thereof with a national overnight courier service, (iviii) if given by emailelectronic transmission (including e-mail), when upon the sender’s receipt of an affirmative acknowledgement from the intended recipient such email is transmitted to the email address specified in Schedule 11.3, as return e-mail or other written acknowledgement (but not via a “return receipt requested” function or automated “out of office” reply) or (viv) if given by any other means, when received at the address specified in this Section 11.311.3 and confirmation is received, provided that an Investment Request shall only be effective upon receipt by the Managing Agents. However, anything in this Section 11.3 to the contrary notwithstanding, the SPV hereby authorizes the Agent and the Managing Agents to make investments in Eligible Investments and to make Investments based on telephonic notices made by any Person which the Agent or the Managing Agents in good faith believe to be acting on behalf of the SPV. The SPV agrees to deliver promptly to the Agent or the Managing Agents a written confirmation of each telephonic notice signed by an authorized officer of SPV. However, the absence of such confirmation shall not affect the validity of such notice. If the written confirmation differs in any material respect from the action taken by the Agent or the Investors, the records of the Agent or the Managing Agents shall govern.

Notices; Payment Information. Except as provided below, all communications and notices provided for hereunder shall be in writing (including facsimile, email facsimile or other electronic transmission or similar writing) and shall be given to the other party at its address, address or facsimile number or email address set forth in Schedule 11.3 13.3 or at such other address, address or facsimile number or email address as such party may hereafter specify for the purposes of notice to such party. Each such notice or other communication shall be effective (i) if given by facsimile, when such facsimile is transmitted to the facsimile number specified in Schedule 11.3 13.3 and confirmation is received, (ii) if given by mail, three (3) Business Days following such posting, if postage prepaid, and if sent via U.S. certified or registered mail, (iii) if given by overnight courier, one (1) Business Day after deposit thereof with a national overnight courier service, or (iv) if given by email, when such email is transmitted to the email address specified in Schedule 11.3, or (v) if given by any other means, when received at the address specified in this Section 11.3Schedule 13.3, provided that an Investment a Borrowing Request shall only be effective upon receipt by the Managing Agentsapplicable Agent. However, anything in this Section 11.3 13.3 to the contrary notwithstanding, the SPV hereby authorizes the Facility Agent and the Managing Agents Lenders to make investments in Eligible Investments and to make Investments Loans based on telephonic notices made by any Person which the Agent or the Managing Agents a Lender in good faith believe believes to be acting on behalf of the SPV. The SPV agrees to deliver promptly to the Agent or the Managing Agents Lenders a written confirmation of each telephonic notice signed by an authorized officer of SPV. However, the absence of such confirmation shall not affect the validity of such notice. If the written confirmation differs in any material respect from the action taken by the Agent or the Investorsany Lender, the records of the Agent or the Managing Agents such Lender shall govern.