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 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:
(i) if to the Borrower or the Administrative Agent, to it at the address (or facsimile number) specified for such person on Schedule 1.1; and
(ii) if to any Lender, to it at its address (or facsimile number) set forth in its Administrative Questionnaire. 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 Section 10.4(b) shall be effective as provided in Section 10.4(b).
(b) Notices and other communications to the Lenders hereunder 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. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communication 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 receipt requested” function, as available, return e-mail or other written acknowledgement); provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (ii) notices or other communications posted to an internet or intranet website shall be deemed received upon the deemed receipt by the...
Notices Effectiveness Electronic Communication. (a) Except in the cases of notices and other communications expressly permitted to be given by telephone (and except as provided in Section 11.4(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 telecopier as follows:
(i) if to the Borrower, the Administrative Agent, the Swingline Lender or the Issuing Lender to it at the address (or telecopier number) specified for such Person on Schedule 1.1(a); and
(ii) if to any Lender, to it at its address (or telecopier number) set forth in its Administrative Questionnaire. 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 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 delivered through electronic communications to the extent provided in Section 11.4(b) shall be effective as provided in Section 11.4(b).
(b) Notices and other communications to the Lenders hereunder 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 1.3
Notices Effectiveness Electronic Communication. No Waiver; Cumulative Remedies
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. (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. 118 10.03 No Waiver; Cumulative Remedies; Enforcement 120 10.04 Expenses; Indemnity; Damage Waiver. 121 10.05 Payments Set Aside 122 10.06 Successors and Assigns. 123 10.07 Treatment of Certain Information; Confidentiality 128 10.08 Right of Setoff 129 10.09 Interest Rate Limitation 130 10.10 Integration; Effectiveness 130 10.11 Survival of Representations and Warranties 130 10.12 Severability 130 10.13 Replacement of Lenders 131
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. Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered as provided in the 2011 Credit Agreement. For the avoidance of doubt, Sections 9.01 (b), (c), (d), (e) and (f) are hereby incorporated herein by reference.