Common use of Method of Communication Clause in Contracts

Method of Communication. Except as otherwise provided in this Agreement, all notices and communications under this Agreement shall be in writing, or by telephone subsequently confirmed in writing. Any notice shall be effective if delivered by hand delivery or sent via telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (i) on the date of delivery if delivered by hand or sent by telecopy, (ii) on the next Business Day if sent by recognized overnight courier service, and (iii) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Administrative Agent as understood by the Administrative Agent will be deemed to be the controlling and proper notice in the event of a discrepancy with or failure to receive a confirming written notice.

Appears in 5 contracts

Samples: Credit Agreement (Golf Trust of America Inc), Credit Agreement (Golf Trust of America Inc), Credit Agreement (Golf Trust of America Inc)

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Method of Communication. Except as otherwise provided in this Agreement, all notices and communications under this Agreement hereunder shall be in writing, or by telephone subsequently confirmed in writing. Any notice shall be effective if delivered by hand delivery or sent via telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (i) on the date of delivery if delivered by hand or sent by telecopy, (ii) on the next Business Day if sent by recognized overnight courier service, service and (iii) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Administrative Agent Lender as understood by the Administrative Agent Lender will be deemed to be the controlling and proper notice in the event of a discrepancy with or failure to receive a confirming written notice.

Appears in 3 contracts

Samples: Credit Loan Agreement (Marshall Industries), Credit Agreement (Penske Motorsports Inc), Credit Agreement (Optio Software Inc)

Method of Communication. Except as otherwise provided in this Agreement, all notices and communications under this Agreement hereunder shall be in writing, or by telephone subsequently confirmed in writing. Any notice shall be effective if delivered by hand delivery or sent via telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (i) on the date of delivery if delivered by hand or sent by telecopytelecopy prior to 3:30 p.m. on such date, (ii) on the next Business Day if sent by recognized overnight courier service, service and (iii) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Administrative Agent as understood by the Administrative Agent will be deemed to be the controlling and proper notice in the event of a discrepancy with or failure to receive a confirming written notice.

Appears in 1 contract

Samples: Credit Agreement (Marshall Industries)

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Method of Communication. Except as otherwise provided in this ----------------------- Agreement, all notices and communications under this Agreement hereunder shall be in writing, or by telephone subsequently confirmed in writing. Any notice shall be effective if delivered by hand delivery or sent via telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (i) on the date of delivery if delivered by hand or sent by telecopy, (ii) on the next Business Day if sent by recognized overnight courier service, service and (iii) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Administrative an Agent as understood by the Administrative such Agent will be deemed to be the controlling and proper notice in the event of a discrepancy with or failure to receive a confirming written notice.

Appears in 1 contract

Samples: Credit Agreement (James River Coal Corp)

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