TELEPHONE NOTICE. The failure by the Borrower to confirm any notice by telephone or telecopy with a Request for Advance or a Notice of Conversion/Continuation, as applicable, shall not invalidate any notice so given. The Administrative Agent may rely upon telephonic instructions reasonably believed given by any Authorized Signatory of the Borrower and shall have no obligation to inquire into the propriety of any such instructions.
TELEPHONE NOTICE. Without in any way limiting the obligation of the Borrower to confirm in writing any telephonic notice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from an Authorized Officer of the Borrower entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case, the Administrative Agent's record of the terms of such telephonic notice shall be conclusive absent manifest error.
TELEPHONE NOTICE. To the extent that telephonic notice is provided for herein, the Administrative Agent and each Lender are authorized to rely on instructions received by telephone from persons that the Administrative Agent and such Lender believes in good faith to be authorized to give such instructions hereunder. Neither the Administrative Agent nor any Lender shall incur any liability to the Borrower or any other Person as a result of any act or omission by the Administrative Agent or any Lender in accordance with such instructions; provided, that the foregoing shall not apply in the event of the Administrative Agent's or such Lender's gross negligence or wilful misconduct. [SIGNATURES SET FORTH ON NEXT PAGE]
TELEPHONE NOTICE. If any notice is given by telephone, it shall ---------------- be immediately confirmed in writing. The Bank shall have no obligation to inquire into the circumstances, use, purpose, disposition or application of funds advanced pursuant to a telephonic advance request and shall have no liability relating thereto. A form of written confirmation is attached. The Bank may, in its sole discretion, terminate telephonic advance request authority at any time and require written requests.
TELEPHONE NOTICE. 52 ---------------- EXHIBITS -------- Exhibit A --- Form of Syndicated Note Exhibit B --- Form of Competitive Bid Note Exhibit C --- Form of Negotiated Bid Note Exhibit D-1 --- Form of Competitive Bid Request Exhibit D-2 --- Form of Notice of Competitive Bid Request Exhibit D-3 --- Form of Competitive Bid Quote Exhibit D-4 --- Form of Competitive Bid Confirmation Exhibit E --- Form of Notice of Syndicated Borrowing Exhibit F-1 --- Form of Opinion of Sullxxxx & Xromxxxx Xxxibit F-2 --- Form of Opinion of Corporate Counsel to Borrower Exhibit G --- Form of Closing Certificate of Borrower Exhibit H --- Form of Assignment and Acceptance SCHEDULES --------- Schedule 1.1 --- Addresses and Lending Offices of Lenders Schedule 3.1 --- List of Existing Credit Facilities Schedule 4.1 --- Litigation Schedule 5.2 --- Existing Liens 364-DAY CREDIT AGREEMENT ---------------- THIS 364-DAY CREDIT AGREEMENT made and entered into as of November 6, 1996, by and among HARRXX XXXPORATION, a Delaware corporation (the "Borrower"), the banks and lending institutions listed on the signature pages hereof, any assignees of such banks and lending institutions or any other banks and lending institutions which become "Lenders" as provided herein (such banks and lending institutions, and assignees referred to collectively herein as the "Lenders"), THE CHASE MANHATTAN BANK, a New York banking corporation ("Chase"), as administrative agent for the Lenders (in such capacity, the "Administrative Agent"), SUNTRUST BANK, ATLANTA, a Georgia banking corporation ("SunTrust"), as documentation agent for the Lenders (in such capacity, the "Documentation Agent"), BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association ("Bank of America"), Chase, SunTrust and Bank of America as managing agents for the Lenders (in such capacity, each a "Managing Agent" and collectively, the "Managing Agents"), BA SECURITIES, INC., a New York corporation, as syndication agent for the Lenders (in such capacity, the "Syndication Agent"), and ABN AMRO BANK N.V., ATLANTA AGENCY and WACHOVIA BANK OF GEORGIA, N.A., as co-agents for the Lenders (in such capacity, each a "Co-Agent" and collectively, the "Co-Agents");
TELEPHONE NOTICE. 53 EXHIBITS Exhibit A --- Form of Syndicated Note Exhibit B --- Form of Competitive Bid Note Exhibit C --- Form of Negotiated Bid Note Exhibit D-1 --- Form of Competitive Bid Request Exhibit D-2 --- Form of Notice of Competitive Bid Request Exhibit D-3 --- Form of Competitive Bid Quote Exhibit D-4 --- Form of Competitive Bid Confirmation Exhibit E --- Form of Notice of Syndicated Borrowing Exhibit F-1 --- Form of Opinion of Sullxxxx & Xromxxxx Xxxibit F-2 --- Form of Opinion of Corporate Counsel to Borrower Exhibit G --- Form of Closing Certificate of Borrower Exhibit H --- Form of Assignment and Acceptance Schedule 1.1 --- Addresses and Lending Offices of Lenders Schedule 3.1 --- List of Existing Credit Facilities Schedule 4.1 --- Litigation Schedule 5.2 --- Existing Liens
TELEPHONE NOTICE. The Settlement Administrator shall establish a toll free telephone number, which will be an automated system to address settlement administration issues and will (1) provide an option for persons in the Settlement Class to leave messages regarding settlement administration (e.g., updating mailing address and/or requesting a long form notice); and (2) refer persons in the Settlement Class to Class Counsel for all issues not related to settlement administration.
TELEPHONE NOTICE. The Settlement Administrator will establish and maintain a toll-free telephone number which Class Members may call to receive more information regarding the settlement. The Mail Notice shall inform Class Members of the toll-free number. The toll free number will be established no later than fifteen (15) days following the date of this Order and shall remain active at least until the date of the Final Approval Hearing.
