Notices Effectiveness Electronic Communications. (a) Each notice, demand, election or request provided for or permitted to be given pursuant to this Agreement (hereinafter in this §19 referred to as “Notice”), but specifically excluding to the maximum extent permitted by law any notices of the institution or commencement of foreclosure proceedings, must be in writing and shall be deemed to have been properly given or served by personal delivery or by sending same by overnight courier or by depositing same in the United States Mail, postpaid and registered or certified, return receipt requested, or as expressly permitted herein, by telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxx Xxxx, 3rd Floor Brooklyn, Ohio 44144 Attn: Real Estate Capital Services With a copy to: KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xx. Xxxxxx Xxxxxxxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Xxxxxx Validus Operating Partnership II, LP Two Urban Center 0000 Xxxx Xxxxxxx Xxxx., Suite 650 Tampa, Florida 33609 Attn: Xxxx Xxxxx, Chief Financial Officer Telecopy No.: (000) 000-0000 With a copy to: Xxxxxx, Xxxxxxx and Xxxxxx, LLP 1600 Atlanta Financial Center 0000 Xxxxxxxxx Xxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxx X. Xxxxxx, Esq. Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on its signature page hereto, and to any Lender which may hereafter become a party to this Agreement, at such address as may be designated by such Lender. Each Notice shall be effective upon being personally delivered or upon being sent by overnight courier or upon being deposited in the United States Mail as aforesaid, or if transmitted by telecopy, is permitted, upon being sent and confirmation of receipt. The time period in which a response to such Notice must be given or any action taken with respect thereto (if any), however, shall commence to run from the date of receipt if personally delivered or sent by overnight courier, or if so deposited in the United States Mail, the earlier of three (3) Business Days following such deposit or the date of receipt as disclosed on the return receipt. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given shall be deemed to be r...
Notices Effectiveness Electronic Communications. 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 facsimile or electronic mail 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:
Notices Effectiveness Electronic Communications. 93 11.03 No Waiver; Cumulative Remedies. 95 11.04 Expenses; Indemnity; Damage Waiver. 95 11.05 Payments Set Aside. 96 11.06 Successors and Assigns. 97 11.07 Treatment of Certain Information; Confidentiality. 100 11.08 Right of Setoff. 101 11.09 Interest Rate Limitation. 101
Notices Effectiveness Electronic Communications. (a) All notices, demands, requests, consents and other communications provided for in this Credit Agreement shall be given in writing, or by any telecommunication device capable of creating a written record (including electronic mail), and addressed to the party to be notified as follows:
Notices Effectiveness Electronic Communications. (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 facsimile, if to Borrower, to it at its address (or facsimile number) set forth below, and if to Lender, to it at its address (or facsimile number) set forth below. Notices sent by hand or overnight courier service shall be deemed to have been given when received; notices sent by certified or registered mail shall be deemed to have been given when received; and 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 Subsection (b) below, shall be effective as provided in such Subsection (b). Borrower’s Address for Notices: c/o Advent Capital Management LLC 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: Xxx White, CFO Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 With copies to: c/o Advent Capital Management LLC 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Attention: General Counsel Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxx Xxxxxxx Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Email Address: Xxxxxxx.Xxxxxxx@xxxxxxx.xxx and Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxxx Xxxxxx Facsimile No.: 000-000-0000 Telephone No.: 000-000-0000 Email Address: Xxxxxx.Xxxxxx@xxxxxxx.xxx Lender’s Address for Notices: Bank of America Xxxxxxx Xxxxx Xxx Xxxxxx Xxxx, 6th Floor New York, NY 10036 Attn: Xxxxx Xxxxxx Telephone No.: 000-000-0000 Email Address: xxxxx.xxxxxx@xxxx.xxx with a copy to: Office of General Counsel Bank of America Xxxxxxx Xxxxx 00 Xxxxxxxxxxx Xxxxx, 12th Floor New York, NY 10020 Attention: Xxxx Xxxxxx Phone No.: (000) 000-0000 Email Address: xxxxxx.xxxxxx@xxxxxxxxxxxxx.xxx
Notices Effectiveness Electronic Communications. H-712479.11 10.03
Notices Effectiveness Electronic Communications. 98 10.03 No Waiver; Cumulative Remedies; Enforcement. 99
Notices Effectiveness Electronic Communications. (a) All notices and other communications provided for herein (including, for the avoidance of doubt, any Collateral Call Notice or notice of a Mandatory Prepayment Event) shall be in writing and shall be delivered (i) by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile as follows, or (ii) by electronic mail to the applicable e-mail address, as follows:
Notices Effectiveness Electronic Communications. 140145 Section 10.03 No Waiver; Cumulative Remedies 143148 Section 10.04
Notices Effectiveness Electronic Communications. 136 11.03 No Waiver; Cumulative Remedies; Enforcement. 139 11.04 Expenses; Indemnity; Damage Waiver. 139 11.05 Payments Set Aside. 141 11.06 Successors and Assigns. 142
