Common use of Deeming Provisions Clause in Contracts

Deeming Provisions. (A) Any communication to the Borrower or to any Finance Party shall be deemed to have been received by that Borrower or that Finance Party: (1) if delivered by hand, at the time of actual delivery; (2) if transmitted by facsimile, at the time the facsimile transmission report (or other appropriate evidence) confirming that the facsimile transmission has been transmitted to the addressee is received by the sender; and (3) if sent by post at noon on the second Business Day (in the case of an address in Hong Kong) or the fifth Business Day (in the case of an address outside Hong Kong) following the day of posting and shall be effective even if it is misdelivered or returned undelivered. In proving such service it shall be sufficient to prove that personal delivery was made, or that the envelope containing the communication Swas correctly addressed and posted, or that a facsimile transmission report (or other appropriate evidence) was obtained that the facsimile had been transmitted to the addressee. (B) Any communication to the Agent shall be deemed to have been given only on actual receipt by the Agent.

Deeming Provisions. (A) Any communication to the Borrower or to any Finance Party shall be deemed to have been received by that Borrower or that Finance Party: (1) if delivered by hand, at the time of actual delivery; (2) if transmitted by facsimile, at the time the facsimile transmission report (or other appropriate evidence) confirming that the facsimile transmission has been transmitted to the addressee is received by the sender; and (3) if sent by post at noon on the second Business Day (in the case of an address in Hong Kong) or the fifth Business Day (in the case of an address outside Hong Kong) following the day of posting and shall be effective even if it is misdelivered or returned undelivered. In proving such service it shall be sufficient to prove that personal delivery was made, or that the envelope containing the communication Swas was correctly addressed and posted, or that a facsimile transmission report (or other appropriate evidence) was obtained that the facsimile had been transmitted to the addressee. (B) Any communication to the Agent shall be deemed to have been given only on actual receipt by the Agent.

Deeming Provisions. (A) Any communication to the Borrower or to any Finance Party shall be deemed to have been received by that Borrower or that Finance Party: (1) if delivered by hand, at the time of actual delivery; (2) if transmitted by facsimile, at the time the facsimile transmission report (or other appropriate evidence) confirming that the facsimile transmission has been transmitted to the addressee is received by the sender; and (3) if sent by post at noon on the second Business Day (in the case of an address in Hong Kong) or the fifth Business Day (in the case of an address outside Hong Kong) following the day of posting and shall be effective even if it is misdelivered or returned undelivered. In proving such service it shall be sufficient to prove that personal delivery was made, or that the envelope containing the communication Swas was correctly addressed and posted, or that a facsimile transmission report (or other appropriate evidence) was obtained that the facsimile had been transmitted to the addressee. (B) Any communication to the Agent or the Security Trustee shall be deemed to have been given only on actual receipt by the AgentAgent or the Security Trustee respectively.