Notices Effectiveness Electronic Communication Clause Samples
The "Notices; Effectiveness; Electronic Communication" clause defines how formal communications between parties to a contract are to be delivered, when they are considered effective, and the permissible use of electronic means. Typically, it specifies acceptable methods for sending notices—such as email, postal mail, or courier—and outlines when a notice is deemed received, for example, upon delivery or after a set period. By establishing clear procedures and timelines for communication, this clause ensures both parties are aware of important information and reduces disputes over whether and when notices were properly given.
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Notices Effectiveness Electronic Communication. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows:
(i) if to the Borrower or the Administrative Agent to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 9.01; and
(ii) if to any other Lender, to the address, telecopier number, electronic mail address or telephone number specified in its Administrative Questionnaire. Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices and other communications sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day for the recipient). Notices and other communications delivered through electronic communications to the extent provided in subsection (b) below, shall be effective as provided in such subsection (b).
(b) Notices and other communications to the Lenders may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Administrative Agent, provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender, as applicable, has notified the Administrative Agent that it is incapable of receiving notices under such Article by electronic communication. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it, provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return rec...
Notices Effectiveness Electronic Communication. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in subsection (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by fax transmission or e-mail transmission as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows:
(i) if to the Obligor, any Loan Parties, the Administrative Agent or the Collateral Agent, to the address, fax number, e-mail address or telephone number specified for such Person on Schedule I; and
(ii) if to any Bondholder, to the address, fax number, e-mail address or telephone number specified in its Administrative Questionnaire. Notices and other communications sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices and other communications sent by fax transmission or e-mail transmission shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices and other communications delivered through electronic communications to the extent provided in subsection (b) below, shall be effective as provided in such subsection (c).
Notices Effectiveness Electronic Communication. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and except as provided in paragraph (b) of this Section 9.01), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as follows:
(i) if to the Borrower or to any other Loan Party, to it at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention of General Counsel, Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇;
(ii) if to the Administrative Agent or the Issuing Bank, to Credit ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention of Agency Group, Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇;
(iii) if to the Swingline Lender, to Fifth Third Bank, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, MD 1MOC2B, Cincinnati, Ohio 45227, Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇, with a copy to Fifth Third Bank, ▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention of ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇;
(iv) if to the Collateral Agent, to U.S. Bank National Association, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇ ▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention of Corporate Trust Services, Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇; and
(v) if to a Lender, to it at its address (or fax number) set forth in its Administrative Questionnaire or in the Assignment and Assumption pursuant to which such Lender shall have become a party hereto. Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; notices sent by facsimile shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through electronic communications, to the extent provided in paragraph (b) of this Section 9.01, shall be effective as provided in said paragraph (b).
Notices Effectiveness Electronic Communication. Except in the cases of notices and other communications expressly permitted to be given by telephone (and except as provided in Section 10.4(b)), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as follows:
Notices Effectiveness Electronic Communication. No Waiver; Cumulative Remedies
Notices Effectiveness Electronic Communication. 158160 10.03 No Waiver; Cumulative Remedies; Enforcement 160162 10.04 Expenses; Indemnity; Damage Waiver 161162 10.05 Payments Set Aside 162164 10.06 Successors and Assigns 163165 10.07 Treatment of Certain Information; Confidentiality 168170 10.08 Right of Setoff 169171 10.09 Interest Rate Limitation 170172 10.10 Counterparts; Integration 170172 10.11 Survival of Representations and Warranties 170172 10.12 Severability 170172 10.13 Replacement of Lenders 171172 10.14
Notices Effectiveness Electronic Communication. The reference to “Borrower Materials through the internet” in the fourth sentence of Section 11.02(c) of the Original Agreement is hereby amended to refer instead to “Borrower Materials or notices through the Platform, any other electronic platform or electronic messaging service, or through the internet”.
Notices Effectiveness Electronic Communication. 158164 11.03 No Waiver; Cumulative Remedies 160166 11.04
Notices Effectiveness Electronic Communication. Nothing in any Loan Document will affect the right of any party hereto to serve process in any other manner permitted by applicable law.
Notices Effectiveness Electronic Communication. 58
(i) Notices Generally 58 (ii) Electronic Communications 59 (iii) Change of Address, Etc. 59