Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetry, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Credit Agreement (Biotelemetry, Inc.), Credit Agreement (Biotelemetry, Inc.)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetryc/o Knoxville HMA Holdings, Inc. ▇▇▇ ▇LLC ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Facsimile: Table of Contents With a copy to: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇., ▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ EmailTo the Issuing Bank: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇SunTrust Bank ▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇, N.E./Mail Code ▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine or(except that, if not faxed during normal business hours for the recipient, shall be deemed to have been delivered at the opening of business on the next business day for the recipient), respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partyof the Borrowers: BioTelemetryFox Factory Holding Corp. Fox Factory, Inc. ST USA Holding Corp. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileChief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailTo the Administrative Agent: SunTrust Bank ▇▇▇▇▇▇▇.▇▇▇▇@▇ ▇▇▇▇▇▇▇▇▇ ▇.▇▇▇ Website▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇://▇▇▇.▇ ▇▇▇▇▇.▇ Telecopy Number: (▇▇▇/ To the Administrative Agent) ▇▇▇-▇▇▇▇ With a copy to: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., . / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇.▇▇ ▇▇▇▇▇ . ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the SunTrust Bank as an Issuing Bank: Truist SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ , ▇.▇. / Mail Code ▇▇▇▇▇▇, ▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the each Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Section.
(ii) Any agreement of the Administrative Agent, the any Issuing Bank and the Lenders or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerBorrower Representative. The Administrative Agent, the each Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Representative to give such notice and the Administrative Agent, the Issuing Bank Banks and the Lenders shall not have any liability to the Borrower Borrowers or any other Person on account of any action taken or not taken by the Administrative Agent, the any Issuing Bank and the Lenders or any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Borrowers to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the any Issuing Bank and the Lenders or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the any Issuing Bank and the Lenders or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent, the such Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp), Revolving Credit and Term Loan Agreement (Fox Factory Holding Corp)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetryEVO Payments International, Inc. LLC ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer With a copy to: EVO Payments International, LLC ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: General Counsel To the Administrative Agent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Mr. ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇245 Peachtree Center Avenue 17th Floor, ▇▇▇▇ ▇▇▇▇▇ Mail Code 3707 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Credit Agreement (EVO Payments, Inc.), Credit Agreement and Security Agreement (EVO Payments, Inc.)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetry, ▇▇▇▇▇▇▇ Group Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: General Counsel Email: ▇▇▇▇▇▇▇, ▇▇ @▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ AttentionFacsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent: ▇▇▇▇▇▇▇ ▇. ▇▇ Ankura Trust Company, LLC ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Executive Vice President Facsimile4th Floor Fairfield, CT 06824 Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ WebsitePAYMENT INSTRUCTIONS: TO ANKURA TRUST COMPANY, LLC Bank: Deutsche Bank Trust Company Americas ABA No.: ▇▇▇▇▇://▇▇▇▇ Acct: Global Loan Services Acct. No.: 99183678 Ref.: Ankura Trust Company/▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇ ▇▇▇ ▇▇▇▇▇▇▇ Ankura Trust Company, LLC ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 4th Floor Fairfield, CT 06824 Phone: (▇.▇., ▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ Ankura Trust Company, LLC ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, 4th Floor Fairfield, CT 06824 Phone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileFax: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and Agent or the Lenders in reasonable reliance in good faith upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Term Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Credit Agreement (Bristow Group Inc), Superpriority Secured Debtor in Possession Credit Agreement (Bristow Group Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partyof the Borrowers: BioTelemetryFox Factory Holding Corp. Fox Factory, Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileChief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailTo the Administrative Agent: SunTrust Bank ▇▇▇▇▇▇▇.▇▇▇▇@▇ ▇▇▇▇▇▇▇▇▇ ▇.▇▇▇ Website▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇://▇▇▇.▇ ▇▇▇▇▇.▇ Telecopy Number: (▇▇▇/ To the Administrative Agent) ▇▇▇-▇▇▇▇ With a copy to: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., . / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇.▇▇ ▇▇▇▇▇ . ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the SunTrust Bank as an Issuing Bank: Truist SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ , ▇.▇. / Mail Code ▇▇▇▇▇▇, ▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the each Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Section.
(ii) Any agreement of the Administrative Agent, the any Issuing Bank and the Lenders or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerBorrower Representative. The Administrative Agent, the each Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Representative to give such notice and the Administrative Agent, the Issuing Bank Banks and the Lenders shall not have any liability to the Borrower Borrowers or any other Person on account of any action taken or not taken by the Administrative Agent, the any Issuing Bank and the Lenders or any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Borrowers to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the any Issuing Bank and the Lenders or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the any Issuing Bank and the Lenders or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent, the such Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Fox Factory Holding Corp), Revolving Credit Agreement (Fox Factory Holding Corp)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetry, ▇▇▇▇▇▇▇ Group Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: General Counsel To the Administrative Agent: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Mr. ▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇., ▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank W. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and Agent or the Lenders in reasonable reliance in good faith upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Term Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Bristow Group Inc), 364 Day Term Loan Credit Agreement (Bristow Group Inc)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetry▇▇▇▇▇▇ Healthcare, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇, Chief Accounting Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ To the Administrative Agent: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, Executive Vice President ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ WebsiteWith copies (for information purposes only) to: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: Email:▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) toTo the Issuing Bank: Truist SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ N.E./Mail Code 3706 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1Section. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Credit Agreement (Molina Healthcare Inc), Credit Agreement (Molina Healthcare Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetry, Inc. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: Paul, Hastings, ▇▇▇▇▇▇▇.▇ & ▇▇▇▇@▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇., ▇▇▇▇▇▇▇▇▇▇ Website▇▇▇▇▇ Attention: ▇▇▇▇▇://▇ Hearth Telecopy Number: (▇▇▇.) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline Lender: SunTrust Bank ▇▇▇ ▇▇▇▇▇.▇▇▇/ To the Administrative Agent▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Truist Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇., ▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank Agent or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co), Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetry▇▇▇▇▇▇ Healthcare, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Chief Financial Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ To the Administrative Agent: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email:▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1Section. Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank Agent and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetryEVO Payments International, Inc. LLC ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer With a copy to: EVO Payments International, LLC ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ General Counsel To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Mr. ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) a copy to: Truist SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: SunTrust Bank 245 Peachtree Center Avenue 17th Floor, Mail Code 3707 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile; (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephonetelephone or by electronic transmission in accordance with subsection (b) of this Section 9.1, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopyfacsimile, as follows: To a Borrower: CD&R Channel or any Loan Party: BioTelemetryother Borrower c/▇ ▇▇▇▇▇▇▇, Inc. ▇▇▇▇▇▇▇▇ & ▇▇▇▇, LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, 18th Floor New York, NY 10022 Attention: ▇▇▇▇ ▇▇▇▇▇▇ E-mail: ▇▇▇▇▇▇▇@▇▇▇-▇▇▇.▇▇▇ With a copy to: Debevoise & ▇▇▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇New York, ▇▇ ▇▇▇▇▇ AttentionNY 10001 Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ ▇’▇▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ To the Administrative Agent, Executive Vice President FacsimileCollateral Agent and Initial Lender: ▇▇▇▇▇ Fargo Bank, N.A. ▇▇▇ ▇ ▇▇▇▇▇ ▇▇▇▇▇▇, 14th Floor Charlotte, NC 28202 Attention: Fund Finance Group / Fund Solutions Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) a copy to: Truist Bank Dentons US LLP ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ New York, NY 10020 Attn: ▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ E-mail: ▇▇▇▇▇ ▇.▇▇▇▇▇@▇▇▇▇▇▇▇, .▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ .▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ @▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire on Schedule II or the Assignment and Acceptance executed by such Lender. ▇▇▇▇▇▇ To a Guarantor: the address set forth in the CDR Guarantee Any party hereto may change its address or telecopy facsimile number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopyfacsimile, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative AgentAgent pursuant to Section 2.3, the Issuing Bank 2.10, 2.11 or the Swingline Lender 3.2 shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile noticeSection.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetryc/o Amneal Pharmaceuticals, Inc. LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileChief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇.▇▇://▇▇▇.▇▇▇▇▇.▇▇▇ With a copy to: ▇/ ▇▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇▇▇▇, LLP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative AgentAgent or Issuing Bank: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies a copy to (for information Informational purposes only) to: ): Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇, ▇.▇., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileAnton Brykalin Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, Agent or the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Section.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders or any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
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Sources: Revolving Credit and Term Loan Agreement (Amneal Pharmaceuticals, Inc.)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetry, OneWater Marine Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Parkway Buford, GA 30518 Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇Jr., Executive Vice President CEO Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ ▇ To the Administrative Agent: Truist Bank Agency Services ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇ ▇▇▇▇▇ Mail Code – GA-ATL-0244 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Spark Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ . 17th Floor Mail Code – GA-ATL-3707 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ LC and Trade Services To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Sponsor: BioTelemetryAaron’s, Inc. 1100 Aaron Building 309 E▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ aces Ferry ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention▇▇▇▇: ▇▇▇▇▇ ▇▇▇▇▇▇▇al Officer Telecopy Number: (404) 240-6520 with ▇ ▇▇▇▇ ▇▇: ▇aron’s, Inc. 1100 Aaron Building 309 E▇▇▇ ▇aces Ferry ▇▇▇▇, ▇.▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) , ▇▇ ▇▇▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇el Telecopy Number: (678) 402-3512 To t▇▇ ▇▇▇▇▇▇▇▇: ▇aron’s Program Manager SunTrust Bank Program Lending 3333 Peachtree Road, N.E., 3rd Floor Mail Code 1802 Atlanta, Georgia 303▇▇ ▇▇▇▇ ▇ ▇▇▇▇ ▇▇: ▇▇nTrust Bank Agency Services 303 Peachtree Street, ▇.▇.. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ta, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇: ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: tz Telecopy ▇▇▇▇▇▇.: (▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only04) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇495-2170 To a▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attentioncipant: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in on the Administrative Questionnaire on such Participant’s signature page hereof, or such other address or applicable teletransmission number as such party may hereafter specify by notice to the Assignment Servicer and Acceptance executed by such Lender. Sponsor Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, mails or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Servicer shall not be effective until actually received by such Person at its address specified in this Section 11.1. 15.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerSponsor. The Administrative Agent, the Issuing Bank Servicer and the Lenders Participants shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Sponsor to give such notice and the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants shall not have any liability to the Borrower Sponsor or any other Person on account of any action taken or not taken by the Administrative Agent, Servicer or the Issuing Bank and the Lenders Participants in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Sponsor to repay repurchase the Loans and Loan Commitments and all other Obligations obligations and Guarantees hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetryRAM Energy Resources, Inc. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Suite 650 Tulsa, OK 74135 Attention: ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileSVP and CFO Telecopy Number: (▇▇▇918) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.. ▇., ▇▇▇▇ ▇▇▇▇▇ . ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) a copy to: Truist SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E., 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: 404.221.2001 To the Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇. ▇., ▇▇▇▇ ▇▇▇▇▇ Mail Code 3706 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ 404.588.8129 To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, Agent or the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit Agreement (Ram Energy Resources Inc)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetryHCI Group, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ With a copy to: Attention: To Lender: Fifth Third Bank ▇▇▇ ▇. ▇▇▇▇▇▇▇ Blvd., Suite 1800 Tampa, Florida 33602 Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) a copy to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇ LLP ▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇, ▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ Esq. Email: ▇▇▇▇▇ ▇@▇▇▇▇▇▇▇, ▇▇▇▇.▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1Section. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders Lender shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans Loan and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders Lender of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Credit Agreement (HCI Group, Inc.)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Issuer: BioTelemetryBioScrip, Inc. 1▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttentionAttn: ▇S▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Executive Senior Vice President FacsimilePresident, Chief Financial Officer & Treasurer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: With a copy to (for Information purposes only): Dechert LLP 1▇▇▇ ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇ ▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: S▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailTo the Collateral Agent: W▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇ Fargo Bank, National Association 9▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇J▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇– BioScrip, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ AttentionInc. First Lien NPA Email: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ C▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ @▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇.▇▇▇ To any other LenderPurchaser: To the address or facsimile number, set forth in on the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. applicable signature page hereto Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the Issuing Bank Collateral Agent or the Swingline Lender any Purchaser shall not be effective until actually received by such Person at its address specified in this Section 11.1. Section.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders Collateral Agent or any Purchaser herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerIssuer. The Administrative Agent, the Issuing Bank Collateral Agent and the Lenders each Purchaser shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Issuer to give such notice and the Administrative Agent, the Issuing Bank Collateral Agent and the Lenders Purchasers shall not have any liability to the Borrower Issuer or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders Collateral Agent or any Purchaser in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Issuer to repay the Loans Notes and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders Collateral Agent or any Purchaser to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders Collateral Agent or any Purchaser of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Collateral Agent and the Lenders such Purchaser to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: First Lien Note Purchase Agreement (BioScrip, Inc.)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetry, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇Group, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇.▇.▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and Attention: ▇▇▇▇ ▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇] With a copy to: ▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇. Boston Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and Attention: P. ▇▇▇▇▇▇ ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Initial Lender: [ ] With a copy to: Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇ LLP ▇▇/▇, ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ 100004 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ AttentionTelecopy Number: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇+▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline LenderAdministrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ [ ] To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender.
(i) Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1. Section.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender in reliance upon such telephonic or facsimile notice, except in the case of gross negligence or willful misconduct. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetryAaron’s, Inc. 1100 ▇▇▇▇▇ Building ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇-▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileAttn: Chief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Emailwith a copy to: Aaron’s, Inc. 1100 ▇▇▇▇▇ Building ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇., ▇▇ ▇▇▇▇@▇-▇▇▇▇ Attn: General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇.▇▇▇ Website▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇://▇▇▇.▇ ▇▇▇▇▇.▇ Telecopy Number: (▇▇▇/ To the Administrative Agent) ▇▇▇-▇▇▇▇ With a copy to: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., . / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ , ▇.▇. / Mail Code ▇▇▇▇▇▇, ▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in on the Administrative Questionnaire or in the Assignment and Acceptance executed by that such Lender. Lender executes Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, mails or if delivered by hand, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Aaron's Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetryAaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttentionAttn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileChief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: Aaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇.▇ ▇▇▇▇@▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇.▇▇▇ Website▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇://▇▇▇.▇ ▇▇▇▇▇.▇▇ Telecopy Number: (▇▇▇/ To the Administrative Agent) ▇▇▇-▇▇▇▇ With a copy to: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., . / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ , ▇.▇. / Mail Code ▇▇▇▇▇▇, ▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in on the Administrative Questionnaire or in the Assignment and Acceptance executed by that such Lender. Lender executes Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, mails or if delivered by hand, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Aaron's Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetryRAM Energy Resources, Inc. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Suite 650 Tulsa, OK 74135 Attention: ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, SVP and CFO Telecopy Number: (918) To the Administrative Agent: Guggenheim Corporate Funding, LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile▇ Telecopy Number: (▇▇▇) ▇ ▇▇▇-▇▇▇▇ EmailWith copies to: Guggenheim Corporate Funding, LLC ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ , ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇ ▇▇▇▇▇ Telecopy Number: ▇▇▇ ▇▇▇-▇▇▇▇ Guggenheim Corporate Funding, LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Legal Department To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank Agent and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Second Lien Term Loan Agreement (Ram Energy Resources Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Sponsor: BioTelemetryAaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttentionAttn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileChief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Emailwith a copy to: Aaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇.▇ ▇▇▇▇@▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Servicer: Aaron’s Program Manager SunTrust Bank Program Lending ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇.▇., ▇▇▇ Website: ▇▇▇▇▇ Mail Code 1802 ▇▇▇▇▇://▇▇▇., ▇▇▇▇▇.▇▇ ▇▇▇/ To the Administrative Agent▇▇ With a copy to: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., . / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other LenderParticipant: To the address or facsimile number, set forth in on the Administrative Questionnaire on such Participant’s signature page hereof, or such other address or applicable teletransmission number as such party may hereafter specify by notice to the Assignment Servicer and Acceptance executed by such Lender. Sponsor Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, mails or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Servicer shall not be effective until actually received by such Person at its address specified in this Section 11.1. 15.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerSponsor. The Administrative Agent, the Issuing Bank Servicer and the Lenders Participants shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Sponsor to give such notice and the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants shall not have any liability to the Borrower Sponsor or any other Person on account of any action taken or not taken by the Administrative Agent, Servicer or the Issuing Bank and the Lenders Participants in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Sponsor to repay repurchase the Loans and Loan Commitments and all other Obligations obligations and Guarantees hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Servicer and the Lenders Participants to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetryEVO Payments International, Inc. LLC ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer With a copy to: EVO Payments International, LLC ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇▇▇▇, Executive Vice President ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: General Counsel To the Administrative Agent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Mr. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇245 Peachtree Center Avenue 17th Floor, ▇▇▇▇ ▇▇▇▇▇ Mail Code 3707 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetry, ▇▇▇▇▇▇▇ Group Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: General Counsel Email: ▇▇▇▇▇▇▇, ▇▇ @▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ AttentionFacsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent: ▇▇▇▇▇▇▇ ▇. ▇▇ Ankura Trust Company ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Executive Vice President Facsimile4th Floor Fairfield, CT 06824 Phone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ WebsitePAYMENT INSTRUCTIONS: TO ANKURA TRUST COMPANY Bank: Deutsche Bank Trust Company Americas ABA No.: ▇▇▇▇▇://▇▇▇▇ Acct: Global Loan Services Acct. No.: 99183678 Ref.: Ankura Trust Company/▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇ ▇▇▇ ▇▇▇▇▇▇▇ Ankura Trust Company ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 4th Floor Fairfield, CT 06824 Phone: (▇.▇., ▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ Ankura Trust Company ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, 4th Floor Fairfield, CT 06824 Phone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileFax: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and Agent or the Lenders in reasonable reliance in good faith upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Term Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetryTC PipeLines, Inc. ▇▇▇ LP c/o TC PipeLines GP ▇▇▇▇-▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileCorporate Secretary Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: TC PipeLines, LP c/o TC PipeLines GP ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇-▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileVice President and Treasurer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing BankAdministrative Agent: Truist Bank of America, N.A. Bow Valley Square III ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ - ▇▇▇ ▇▇▇▇▇▇ ▇.▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ . ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Mail Code: ▇▇▇ ▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Vice President With a copy to: Bank of America, N.A. Bow Valley Square III ▇.▇./▇▇▇▇ ▇▇▇▇, ▇▇▇ - ▇▇▇ ▇▇▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Mail Code: ▇▇▇ ▇▇▇ Attention: ▇▇▇▇▇ K.G. ▇▇▇▇▇▇▇▇, Senior Credit Officer Bank of America, N.A. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Mail Code: TX1-492-14-12 ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided, that any Notice of Conversion/Continuation, and any notice provided that notices under Section 5.2 or 5.3 delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting believed by it to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan PartyHoldings and the Borrowers: BioTelemetryc/o Dakota Plains Holdings, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Chief Executive Officer E-mail Address: ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ To the Administrative Agent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ / ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., . / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: and King & Spalding LLP ▇▇▇ ▇. ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) toStreet, Suite 3900 Charlotte, North Carolina 28202 Attention: Truist Bank W. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ , ▇.▇. / Mail Code ▇▇▇▇▇▇, ▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, Agent or the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Section.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerBorrowers. The Administrative Agent, the Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Borrowers to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the any Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders or any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Borrowers to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Dakota Plains Holdings, Inc.)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all (a) All notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan PartyIf to Borrowers or Guarantors: BioTelemetryAltitude International Holdings, Inc. 4▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttentionAttn: ▇G▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇, CEO Telephone: 9▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.G▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) toIf to Administrative Agent and/or Lenders: Truist Bank ▇c/o FVP Servicing, LLC 1▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ AttentionAttn: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-K▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ / T▇▇ ▇▇▇▇▇ Telephone: 6▇▇.▇▇▇.▇▇▇▇ E-mail: k▇▇▇@▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇▇▇ ▇▇▇▇▇ / t▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ @▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile:
(▇▇▇b) ▇▇▇Notices if (i) mailed by certified or registered mail or sent by hand or overnight courier service shall be deemed to have been given when received; and (ii) sent by e-▇▇▇▇ To any mail shall be deemed received upon the sender’s receipt of an acknowledgment from the intended recipient (such as by a return e-mail or other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. written acknowledgment).
(c) Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal in legible form by facsimile machine or, or if mailed, upon the third Business Day after the date deposited into the mail or, mails or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Lenders shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.
(d) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender herein to receive certain notices by telephone or facsimile e-mail is solely for the convenience and at the request of the BorrowerBorrowers. The Administrative Agent, the Issuing Bank Agent and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower a Loan Party to give such notice and the neither Administrative Agent, the Issuing Bank and the Lenders Agent nor any Lender shall not have any liability to the Borrower any Loan Party or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender in reliance upon such telephonic or facsimile e-mail notice. The obligation of the Borrower Borrowers to repay the Loans Loan and all other Obligations and hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender to receive written confirmation of any telephonic or facsimile e- mail notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders Agent or any Lender to be contained in any such telephonic or facsimile e-mail notice.
Appears in 1 contract
Sources: Loan Agreement (Altitude International Holdings, Inc.)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetryAaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttentionAttn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President FacsimileChief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Emailwith a copy to: Aaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇.▇ ▇▇▇▇@▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇.▇▇▇ Website▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇://▇▇▇.▇ ▇▇▇▇▇.▇▇ Telecopy Number: (▇▇▇/ To the Administrative Agent) ▇▇▇-▇▇▇▇ With a copy to: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., . / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileAgency Services Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ , ▇.▇. / Mail Code ▇▇▇▇▇▇, ▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileAgency Services Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in on the Administrative Questionnaire or in the Assignment and Acceptance executed by that such Lender. Lender executes Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, mails or if delivered by hand, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Aaron's Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetry, Inc. K▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company 7▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇T▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: Paul, Hastings, J▇▇▇▇▇▇▇.▇ & W▇▇▇▇@▇ LLP 5▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇.▇▇▇ Website: , ▇▇▇▇▇://▇▇▇.▇▇ ▇▇▇▇▇ Attention: K▇▇▇▇ ▇▇▇▇▇.▇ Telecopy Number: (▇▇▇/ ) ▇▇▇-▇▇▇▇ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.. ▇., ▇▇▇▇ ▇▇▇▇▇ . ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇S▇▇▇ ▇▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) a copy to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.. ▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: M▇. ▇▇. ▇▇▇ ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇; and King & Spalding LLP 1▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ FacsimileAttention: W. T▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetry▇▇▇▇▇▇ Healthcare, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Chief Financial Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ WebsiteTo the Administrative Agent: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇://▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇/ To the Administrative Agent▇ With copies (for information purposes only) to: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: Email:▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) toTo the Issuing Bank: Truist Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ N.E./Mail Code 3706 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile noticeSection.
Appears in 1 contract
Written Notices. Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetryMalibu Boats, Inc. LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, TN 37774 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: O’Melveny & ▇▇▇▇▇ LLP ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ To the Administrative Agent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇., Executive Vice President ▇▇▇ ▇▇▇▇▇ Mail Code – GA-ATL-0244 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Spark Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ EmailTo the Issuing Bank: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇SunTrust Bank ▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇, N.E./Mail Code ▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Party: BioTelemetry, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttentionBorrower: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇ Chief Financial Officer Innotrac Corporation ▇., ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileCreek, Georgia 30097 Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailE-mail: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) toTo Administrative Agent or Issuing Bank: Truist SunTrust Bank Corporate Banking ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileMs. ▇▇▇▇▇▇ ▇▇▇▇▇▇, Senior Vice President Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing BankWith a copy to: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./., ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇. ▇▇▇▇ Facsimile▇▇▇, Esq. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, Agent or the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetryNorth Baja Pipeline, Inc. ▇▇▇ LLC ▇▇▇▇-▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇Senior Vice-President, Executive Vice President FacsimileCapital Markets Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailWith a copy to: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services North Baja Pipeline, LLC ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileCorporate Secretary Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing BankAdministrative Agent: Truist Bank MUFG ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: MUFG Bank, Ltd., Canada Branch 1840, ▇▇▇ – ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender. Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, or if delivered by handdelivered, upon delivery; provided, that any Notice of Conversion/Continuation, and any notice provided that notices under Section 5.2 or 5.3 delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender Agent shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting believed by it to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Borrower: BioTelemetry▇▇▇▇▇ Rents, Inc. 1100 ▇▇▇▇▇ Building ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ AttentionAttn: ▇▇▇ ▇▇▇▇▇▇▇▇▇ Telecopy Number: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ Rents, Inc. 1100 ▇▇▇▇▇ Building ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, Executive Vice President Facsimile▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇ ▇▇ ▇▇▇▇▇ /3rd Floor/MC 2005 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailTo the Issuing Bank: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇SunTrust Bank ▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ . E./Mail Code 3706 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager FacsimileLetter of Credit Department Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing BankSwingline Lender: Truist SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ /3rd Floor/MC 2005 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth on the signature pages hereto or in the Administrative Questionnaire or the Assignment and Acceptance executed by that such Lender. Lender executes Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall shall, when transmitted by overnight delivery, or faxed, be effective upon actual receipt by the relevant Person or, if when delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery ordelivery, if sent by telecopy, upon transmittal or transmitted in legible form by facsimile machine ormachine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or, mails or if delivered by handdelivered, upon delivery; provided provided, that notices delivered to the Administrative Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 11.1. 10.1.
(ii) Any agreement of the Administrative Agent, the Issuing Bank Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent, the Issuing Bank Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent, the Issuing Bank Agent and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Agent and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any Loan Partythe Issuer: BioTelemetryBioScrip, Inc. 1▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttentionAttn: ▇S▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Executive Senior Vice President FacsimilePresident, Chief Financial Officer & Treasurer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: With a copy to (for Information purposes only): Dechert LLP 1▇▇▇ ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇ ▇▇ Website: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/ To the Administrative Agent: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: S▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ FacsimileTelecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ EmailTo the Collateral Agent: W▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇ Fargo Bank, National Association 9▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇J▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇– BioScrip, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ AttentionInc. Second Lien NPA Email: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ C▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ @▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇.▇▇▇ To any other LenderPurchaser: To the address or facsimile number, set forth in on the Administrative Questionnaire or the Assignment and Acceptance executed by such Lender. applicable signature page hereto Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall be effective upon actual receipt by the relevant Person or, if delivered by overnight courier service, upon the first Business Day after the date deposited with such courier service for overnight (next-day) delivery or, if sent by telecopy, upon transmittal in legible form by facsimile machine or, if mailed, upon the third Business Day after the date deposited into the mail or, if delivered by hand, upon delivery; provided that notices delivered to the Administrative Agent, the Issuing Bank Collateral Agent or the Swingline Lender any Purchaser shall not be effective until actually received by such Person at its address specified in this Section 11.1. Section.
(ii) Any agreement of the Administrative Agent, the Issuing Bank and the Lenders Collateral Agent or any Purchaser herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerIssuer. The Administrative Agent, the Issuing Bank Collateral Agent and the Lenders each Purchaser shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Issuer to give such notice and the Administrative Agent, the Issuing Bank Collateral Agent and the Lenders Purchasers shall not have any liability to the Borrower Issuer or any other Person on account of any action taken or not taken by the Administrative Agent, the Issuing Bank and the Lenders Collateral Agent or any Purchaser in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Issuer to repay the Loans Notes and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent, the Issuing Bank and the Lenders Collateral Agent or any Purchaser to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent, the Issuing Bank and the Lenders Collateral Agent or any Purchaser of a confirmation which is at variance with the terms understood by the Administrative Agent, the Issuing Bank Collateral Agent and the Lenders such Purchaser to be contained in any such telephonic or facsimile notice.
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Sources: Second Lien Note Purchase Agreement (BioScrip, Inc.)