Common use of Method of Communication Clause in Contracts

Method of Communication. Except as otherwise provided in this Agreement, all notices and communications 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 (including a .pdf copy), recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (a) on the date of delivery if delivered by hand or sent by telecopy (including a .pdf copy), (b) on the second Business Day if sent by recognized overnight courier service and (c) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Issuing Lender as understood by the Issuing 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 4 contracts

Samples: Letter of Credit Reimbursement and Collateral Agreement (Dynegy Inc.), Control Agreement (Dynegy Inc.), Control Agreement (Dynegy Inc.)

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Method of Communication. Except as otherwise provided in this Agreement, all notices and communications 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 (including a .pdf copy)telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (aand deemed effective) (i) on the date of delivery if delivered by hand or sent by telecopy (including a .pdf copy)hand, (bii) on the second next Business Day if sent by recognized overnight courier service service, (iii) upon receipt of acknowledgment, if sent by telecopy, and (civ) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Issuing Lender Agent as understood by the Issuing Lender 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 2 contracts

Samples: Second Modified and Restated Loan Agreement (Stanley-Martin Communities, LLC), Loan Agreement (Stanley-Martin Communities, LLC)

Method of Communication. Except as otherwise provided in this Agreement, all notices and communications 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 (including a .pdf copy)telecopy, recognized overnight courier service (next day delivery requested) or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (ai) on the date of delivery if delivered by hand or sent by telecopy (including a .pdf copy)telecopy, (bii) on the second next Business Day if sent by recognized overnight courier service and (ciii) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Issuing Lender Administrative Agent as understood by the Issuing Lender 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 2 contracts

Samples: Credit Agreement (Cca Prison Realty Trust), Credit Agreement (Cca Prison Realty Trust)

Method of Communication. Except as otherwise provided in this Agreement, all notices and communications hereunder shall be in writing, writing or by telephone subsequently confirmed in writing. Any notice shall be effective if delivered by hand delivery or sent via telecopy electronic mail (including a .pdf copy), recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (a) on the date of delivery if delivered by hand or sent by telecopy electronic mail (including a .pdf copy), (b) on the second Business Day if sent by recognized overnight courier service and (c) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Issuing Lender Bank as understood by the Issuing Lender Bank 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: Letter of Credit Reimbursement Agreement (Dynegy Inc.)

Method of Communication. Except as otherwise provided in this Agreement, all notices and communications 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 (including a .pdf copy)telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (aand deemed effective) (i) on the date of delivery if delivered by hand or sent by telecopy (including a .pdf copy)hand, (bii) on the second next Business Day if sent by recognized overnight courier service service, (iii) upon receipt of acknowledgment, if sent by telecopy, and (civ) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Issuing Lender either Agent as understood by the Issuing Lender 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: Loan Agreement (Washington Homes Inc)

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Method of Communication. Except as otherwise provided in this ----------------------- Agreement, all notices and communications 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 (including a .pdf copy)telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (ai) on the date of delivery if delivered by hand or sent by telecopy (including a .pdf copy)telecopy, (bii) on the second next Business Day if sent by recognized overnight courier service and (ciii) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Issuing Lender as understood by the Issuing 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 1 contract

Samples: Credit Agreement Credit Agreement (Edutrek Int Inc)

Method of Communication. Except as otherwise provided in this Agreement, all notices and communications 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 (including a .pdf copy)telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto hereto: (ai) on the date of delivery if delivered by hand or sent by telecopy (including a .pdf copywhich telecopy is contemporaneously transmitted by another method of communication permitted by this Section), ; (bii) on the second next Business Day if sent by recognized overnight courier service service; and (ciii) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Issuing Lender as understood by the Issuing 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 1 contract

Samples: Credit Agreement (Medical Manager Corp)

Method of Communication. Except as otherwise provided in this Agreement, all notices and communications 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 (including a .pdf copy)telecopy, recognized overnight courier service or certified mail, return receipt requested, and shall be presumed to be received by a party hereto (ai) on the date of delivery if delivered by hand or sent by telecopy (including a .pdf copywhich telecopy is contemporaneously transmitted by another method of communication permitted by this Section), (bii) on the second next Business Day if sent by recognized overnight courier service and (ciii) on the third Business Day following the date sent by certified mail, return receipt requested. A telephonic notice to the Issuing Lender Agent as understood by the Issuing Lender 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 (Healthplan Services Corp)

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