Common use of Notices Effectiveness Electronic Communications Clause in Contracts

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 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx 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: Four Springs Capital Trust Operating Partnership, L.P. 0000 Xxxx Xxxxxx Xxxx Xxxx, Xxx Xxxxxx 00000 Attn: Xxxx Xxxxx Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx 00000 Attn: Xxxxxxx Xxxxxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1, 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 2 contracts

Samples: Credit Agreement (Four Springs Capital Trust), Term Loan Agreement (Four Springs Capital Trust)

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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 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 Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx 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: Four Springs Capital Trust Xxxxxx Validus Operating PartnershipPartnership II, L.P. LP Two Urban Center 0000 Xxxx Xxxxxx Xxxx Xxxxxxx Xxxx., Xxx Xxxxxx 00000 Suite 650 Tampa, Florida 33609 Attn: Xxxx Xxxxx Xxxxx, Chief Financial Officer Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker Xxxxxx, Xxxxxxx and Xxxxxx, LLP 1600 Atlanta Financial Center 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx XX Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Xxxxxx 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 Schedule 1.1its 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 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 2 contracts

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)

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 147 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 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 Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Xxxxxxxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street000 Xxxxxxxxx Xxxxxx, N.E. X.X., Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipXxxxxx Validus Mission Critical REIT II, L.P. Inc. Two Urban Center 0000 Xxxx Xxxxxx Xxxx Xxxxxxx Xxxx., Xxx Xxxxxx 00000 Suite 650 Tampa, Florida 33609 Attn: Xxxx Xxxxx Xxx X. Xxxxx, Chief Financial Officer Telecopy No.: (000) 000-0000 148 With a copy to: Thomson Walker Xxxxxx, Xxxxxxx and Xxxxxx, LLP 1600 Atlanta Financial Center 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx XX Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Xxxxxx X. Xxxxx, Esq. Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 2 contracts

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)

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 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 Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Xxxxxxxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street000 Xxxxxxxxx Xxxxxx, N.E. X.X., Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipXxxxxx Validus Mission Critical REIT II, L.P. Inc. Two Urban Center 0000 Xxxx Xxxxxx Xxxx Xxxxxxx Xxxx., Xxx Xxxxxx 00000 Suite 650 Tampa, Florida 33609 Attn: Xxxx Xxxxx Xxx X. Xxxxx, Chief Financial Officer Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker Xxxxxx, Xxxxxxx and Xxxxxx, LLP 1600 Atlanta Financial Center 128 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx XX Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Xxxxxx X. Xxxxx, Esq. Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Term Loan Agreement (Carter Validus Mission Critical REIT II, Inc.)

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 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxx Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 163 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: Four Springs Capital Trust Operating PartnershipCondor Hospitality Limited Partnership 4800 Xxxxxxxxxx Lane1800 X. Xxxxxxxx Avenue, L.P. 0000 Xxxx Xxxxxx Xxxx XxxxSuite 220 Bethesda, Xxx Xxxxxx Maryland 20814120 Xxxxxxx, Xxxxxxxx 00000 Attn: Xxxx Xxxxx Xxxxxxxx X. GanttJ. Xxxxxxx Xxxxxxxx Telecopy No.: (000) 000-0000 0000000) 233-0340 With a copy to: Thomson Walker XxXxxxx North Xxxxxx & Xxxxx, PC LLO First National Tower, Suite 3700 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx XxxxXxxxx, Xxxxxxxx 00000 Attn: Xxxxxxx Xxxxxx 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 Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Condor Hospitality Trust, Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Xxxxxxx Telecopy No.Real Estate Capital Services With a copy to: (000) 000-0000 and KeyBank National Association 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xx. Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 000 Xxxxxxx XX XXX Xxxxx 0000 303 Peachtree Street, N.E. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipQualityTech, L.P. 0000 Xxxx LP 00000 Xxxxxx Xxxx XxxxXxxxxx Overland Park, Xxx Xxxxxx 00000 Kansas 66213 Attn: Xxxx Xxxxx CEO/President Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker QTS Realty Trust, Inc. 00000 Xxxxxx Xxxxxx Overland Park, Kansas 66213 Attn: General Counsel Telecopy No.: (000) 000-0000 Xxxxxxxxx Xxxxxxx Xxxxxxx Street, LLP 0000 Xxxxxx Xxxxxx, Xxxxx 000 0000 Xxxxxx Xxxx, Xxxxxxxx 00000 00000-0000 Attn: Xxxxxxx Xxxxxx X. Xxxxxxxxxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days days’ prior Notice thereof, the Borrower, Guarantors, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.. Loan Documents and notices under the Loan Documents may, with Agent’s approval, be transmitted and/or signed by facsimile and by signatures delivered in “PDF” format by electronic

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Xxxxxxx Telecopy No.Real Estate Capital Services With a copy to: (000) 000-0000 and KeyBank National Association 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xx. Xxxxxxx Xxxxxxx 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: Four Springs Capital Trust Operating PartnershipQualityTech, L.P. 0000 Xxxx LP 00000 Xxxxxx Xxxx XxxxXxxxxx Overland Park, Xxx Xxxxxx 00000 Kansas 66213 Attn: Xxxx Xxxxx CEO/President Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker QTS Realty Trust, Inc. 00000 Xxxxxx Xxxxxx Overland Park, Kansas 66213 Attn: General Counsel Telecopy No.: (000) 000-0000 Xxxxxxxxx Xxxxxxx Xxxxxxx Street, LLP 0000 Xxxxxx Xxxxxx, Xxxxx 000 0000 Xxxxxx Xxxx, Xxxxxxxx 00000 00000-0000 Attn: Xxxxxxx Xxxxxx X. Xxxxxxxxxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days days’ prior Notice thereof, the Borrower, Guarantors, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Loan Documents and notices under the Loan Documents may, with Agent’s approval, be transmitted and/or signed by facsimile and by signatures delivered in “PDF” format by electronic mail. The effectiveness of any such documents and signatures shall, subject to applicable law, have the same force and effect as an original copy with manual signatures and shall be binding on the Borrower, the Guarantors, Agent and Lenders. Agent may also require that any such documents and signature delivered by facsimile or “PDF” format by electronic mail be confirmed by a manually-signed original thereof; provided, however, that the failure to request or deliver any such manually-signed original shall not affect the effectiveness of any facsimile or “PDF” document or signature. 133 Notices and other communications to the Agent, the Lenders and the Issuing Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Agent, provided that the foregoing shall not apply to notices to any Lender or Issuing Lender pursuant to §2 if such Lender or Issuing Lender, as applicable, has notified the Agent that it is incapable of receiving notices under such Section by electronic communication. The 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 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), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, e-mail 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.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (QualityTech, LP)

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 115 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 Assocation 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Xxxxxxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US XxXxxxx Long & Xxxxxxxx LLP Suite 5300 303 Peachtree Street000 Xxxxxxxxx Xxxxxx, N.E. X.X. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipMonogram Residential OP LP 0000 Xxxxxxx Xxxxxxx, L.P. Xxxxx 0000 Xxxx Xxxxxx Xxxx XxxxXxxxx, Xxx Xxxxxx Xxxxx 00000 Attn: Xxxx Xxxxx Xxxxxx Xxxxxxxxx, Esq., Senior Vice President and General Counsel Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx DLA Piper LLP (US) 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 000 Xxxxxx XxxxSuite 1900 Chicago, Xxxxxxxx 00000 Illinois 60601-1293 Attn: Xxxxxxx Xxxxxx 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 Schedule 1.1its 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 receiptreceipt (provided that, if such 116 telecopy is not sent during normal business hours on any business day in the location of the recipient of such telecopy, such telecopy shall be deemed to have been sent on the next succeeding business day). 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 or for any other reason shall be deemed to be receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Monogram Residential Trust, Inc.)

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 Xxxxxxxxx Xxxx100 Xxxxxx Xxxxxx Xxxxxxxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Xxxx 00000 Attn: Xxxxxx Xxxxxxx Sxxx Xx Xxxxx Email: Sxxx_Xx_Xxxxx@XxxXxxx.xxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 AttnWith a copy to: Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. XxxxxxxAxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Wxxxxxx X. Xxxxxxx, Esq. Email: bxxx.xxxxxxx@xxxxxxx.xxx Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Jxxxxxxx Capital Trust Operating PartnershipCompany, L.P. 0000 Xxxx LLC 6000 Xxxxxx Xxxx XxxxXxxxxx Xxxxx 000 Xxxxxxx, Xxx Xxxxxx Xxxxxxxxx 00000 Attn: Xxxx Xxxxx Jxxx X. Good and Kxxxx X. Xxxxxxxx Email: jxxx@xxxxxxxxxxxxxxx.xxx and Kxxxx@xxxxxxxxxxxxxxx.xxx Telecopy No.: (000) 000-0000 140 With a copy to: Thomson Walker 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Mxxxxxxx & Fxxxxxxx LLP 200 X. 00xx Xxxxxx Xxx Xxxx, Xxxxxxxx Xxx Xxxx 00000 Attn: Xxxxxxx Jxxxxxx X. Xxxxxx Email: JXxxxxx@xxxx.xxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Jernigan Capital, Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx 4000 Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Yxxxxxx Xxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and With a copy to: KeyBank National Association 0000 Xxxxxxxxx Xxxx100 Xxxxxx Xxxxxx, N.E.0xx Xxxxx Xxxxxxxxx, Suite 1550 Atlanta, Georgia 30328 Xxxx 00000 Attn: Xxxxxxx Xxxxxxx Sxxx Xx Xxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. XxxxxxxAxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxxxxxxSxxxxx Xxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Global Net Lease Operating Partnership, L.P. 0000 Xxxx 600 Xxxxx Xxxxxx Xxxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxxxx Xxxx 00000 Attn: Xxxx Xxxxx General Counsel Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxGlobal Net Lease Operating Partnership, L.P. 600 Xxxxx 000 Xxxxxx 00xx Xxxxx Xxx Xxxx, Xxxxxxxx Xxx Xxxx 00000 Attn: Xxxxxxx Xxxxxx Chief Financial Officer Telecopy No.: (000) 000-0000 and Pxxxxxxxx Xxxx XXX Xxxxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Axxxxx Xxxxxx, Esq. Telecopy No.: (000) 000-0000; if to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.11.1 attached 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(if permitted hereunder), 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Global Net Lease, Inc.)

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 Xxxxxx Xxxxxx 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 Xxxxxxxxx Xxxx000 Xxxxxx Xxxxxx Xxxxxxxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Xxxx 00000 Attn: Xxxxxx Xxxxxxx Xxxx Xx Xxxxx Email: Xxxx_Xx_Xxxxx@XxxXxxx.xxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 AttnWith a copy to: Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Email: xxxx.xxxxxxx@xxxxxxx.xxx Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Xxxxxxxx Capital Trust Operating PartnershipCompany, L.P. LLC 0000 Xxxx Xxxxxx Xxxx XxxxXxxxxx Xxxxx 000 Xxxxxxx, Xxx Xxxxxx Xxxxxxxxx 00000 Attn: Xxxx X. Good and Xxxxx X. Xxxxxxxx Email: xxxx@xxxxxxxxxxxxxxx.xxx and Xxxxx@xxxxxxxxxxxxxxx.xxx Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 & Xxxxxxx LLP 0000 Xxxxxx XxxxXxxxxx Xxxxxxxxxxxx, Xxxxxxxx 00000 Xxxxxxxxxxxx 00000-0000 Attn: Xxxxxxx Xxxxxx X. Xxxxxxxx Email: xxxxxxxxx@xxxxxxxxxxx.xxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 143 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Jernigan Capital, Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx 4000 Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Rxxxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and With a copy to: KeyBank National Association 0000 Xxxxxxxxx Xxxx100 Xxxxxx Xxxxxx, N.E.0xx Xxxxx Xxxxxxxxx, Suite 1550 Atlanta, Georgia 30328 XX 00000 Attn: Xxxxxxx Xxxxxxx Sxxx Xx Xxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. XxxxxxxAxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Wxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Global Net Lease Operating Partnership, L.P. 0000 400 Xxxx Xxxxxx Xxxx Xxxxx Xxxxx Xxx Xxxx, Xxx Xxxxxx XX 00000 Attn: Xxxx Xxxxx General Counsel Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxGlobal Net Lease Operating Partnership, L.P. 400 Xxxx Xxxxxx Xxxxx 000 Xxxxxx Xxxxx Xxx Xxxx, Xxxxxxxx XX 00000 Attn: Xxxxxxx Xxxxxx Chief Financial Officer Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.11.1 attached 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(if permitted hereunder), 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.. 143

Appears in 1 contract

Samples: Credit Agreement (Global Net Lease, Inc.)

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 Xxxxxxxxx Xxxx100 Xxxxxx Xxxxxx Xxxxxxxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Xxxx 00000 Attn: Xxxxxx Xxxxxxx Sxxx Xx Xxxxx Email: Sxxx_Xx_Xxxxx@XxxXxxx.xxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 AttnWith a copy to: Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. XxxxxxxAxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Wxxxxxx X. Xxxxxxx, Esq. Email: bxxx.xxxxxxx@xxxxxxx.xxx Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Jxxxxxxx Capital Trust Operating PartnershipCompany, L.P. 0000 Xxxx LLC 6000 Xxxxxx Xxxx XxxxXxxxxx Xxxxx 000 Xxxxxxx, Xxx Xxxxxx Xxxxxxxxx 00000 Attn: Xxxx Xxxxx Jxxx X. Good and Bxxx Xxxxxxx Email: jxxx@xxxxxxxxxxxxxxx.xxx bxxxx@xxxxxxxxxxxxxxx.xxx Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Mxxxxxxx & Fxxxxxxx LLP 200 X. 00xx Xxxxxx Xxx Xxxx, Xxxxxxxx Xxx Xxxx 00000 Attn: Xxxxxxx Jxxxxxx X. Xxxxxx Email: JXxxxxx@xxxx.xxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Jernigan Capital, Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx 4000 Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Rxxxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and With a copy to: KeyBank National Association 0000 Xxxxxxxxx Xxxx100 Xxxxxx Xxxxxx, N.E.0xx Xxxxx Xxxxxxxxx, Suite 1550 Atlanta, Georgia 30328 Xxxx 00000 Attn: Xxxxxxx Xxxxxxx Sxxx Xx Xxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. XxxxxxxAxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Wxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Global Net Lease Operating Partnership, L.P. 0000 400 Xxxx Xxxxxx Xxxx Xxxxx Xxxxx Xxx Xxxx, Xxx Xxxxxx Xxxx 00000 Attn: Xxxx Xxxxx General Counsel Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxGlobal Net Lease Operating Partnership, L.P. 400 Xxxx Xxxxxx Xxxxx 000 Xxxxxx Xxxxx Xxx Xxxx, Xxxxxxxx Xxx Xxxx 00000 Attn: Xxxxxxx Xxxxxx Chief Financial Officer Telecopy No.: (000) 000-0000 and Pxxxxxxxx Xxxx XXX Xxxxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Axxxxx Xxxxxx, Esq. Telecopy No.: (000) 000-0000; 150 if to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.11.1 attached 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(if permitted hereunder), 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Global Net Lease, Inc.)

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 (with a copy sent by overnight mail) and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Xxxxxxxx Xxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Xxxxxx Xxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxxxxxxXxxxxx Xxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipGTJ Realty, L.P. 0000 LP 00 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxxx Xxxx XxxxXxxxxxxxx, Xxx Xxxxxx Xxxx 00000 Attn: Xxxx Xxxxx Xxxxxx Telecopy No.: (000) -000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx Xxxxxx Xxxxxx LLP 000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxx 0000 Xxx Xxxx, Xxxxxxxx Xxx Xxxx 00000 Attn: Xxxxxxx Xxxxxx Xxxxxxxxx X. XxXxxxxxxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.11.1 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (GTJ Reit, Inc.)

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 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxx Xxxxxxx Telecopy No.: (000) 000-0000 143 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Xxxxxx 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: Four Springs Capital Trust Operating Partnership, L.P. Condor Hospitality Limited Partnership 0000 Xxxx Xxxxxx Xxxx Xxxxxxxxxx Xxxx, Xxx Xxxxxx 00000 Suite 220 Bethesda, Maryland 20814 Attn: Xxxx Xxxxxxxx X. Xxxxx Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker XxXxxxx North Xxxxxx & Xxxxx, PC LLO First National Tower, Suite 3700 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx XxxxXxxxx, Xxxxxxxx 00000 Attn: Xxxxxxx Xxxxxx 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 Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Condor Hospitality Trust, Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx 4000 Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Xxxxxxx Telecopy No.Real Estate Capital Services With a copy to: (000) 000-0000 and KeyBank National Association 100 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Mx. Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP 167 Suite 5300 303 Peachtree Street300 Xxxxxxxxx Xxxxxx, N.E. X.X. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Wxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipQualityTech, L.P. 0000 Xxxx LP 10000 Xxxxxx Xxxx XxxxXxxxxx Overland Park, Xxx Xxxxxx 00000 Kansas 66213 Attn: Xxxx Xxxxx CEO/President Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker QTS Realty Trust, Inc. 10000 Xxxxxx Xxxxxx Overland Park, Kansas 66213 Attn: General Counsel Telecopy No.: (000) 000-0000 Xxxxxxxxx Sxxxxxx Xxxxxxx Street, LLP 1000 Xxxxxx Xxxxxx, Xxxxx 000 0000 Xxxxxx Xxxx, Xxxxxxxx 00000 00000-0000 Attn: Xxxxxxx Xxxxxx Pxxxxxx X. Xxxxxxxxxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days days’ prior Notice thereof, the Borrower, Guarantors, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Loan Documents and notices under the Loan Documents may, with Agent’s approval, be transmitted and/or signed by facsimile and by signatures delivered in “PDF” format by electronic mail. The effectiveness of any such documents and signatures shall, subject to Applicable Law, 168 have the same force and effect as an original copy with manual signatures and shall be binding on the Borrower, the Guarantors, Agent and Lenders. Agent may also require that any such documents and signature delivered by facsimile or “PDF” format by electronic mail be confirmed by a manually-signed original thereof; provided, however, that the failure to request or deliver any such manually-signed original shall not affect the effectiveness of any facsimile or “PDF” document or signature. Notices and other communications to the Agent, the Lenders and the Issuing Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Agent, provided that the foregoing shall not apply to notices to any Lender or Issuing Lender pursuant to §2 if such Lender or Issuing Lender, as applicable, has notified the Agent that it is incapable of receiving notices under such Section by electronic communication. The 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 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), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, e-mail 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.

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

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 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx 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: Four Springs Capital Trust Operating Partnership, L.P. 0000 Xxxx Xxxxxx Xxxx Xxxx, Xxx Xxxxxx 00000 Attn: Xxxx Xxxxx Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx 00000 Attn: Xxxxxxx Xxxxxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1, 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Four Springs Capital Trust)

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 (with a copy sent by overnight mail) and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 1000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Jxxxxxxx Xxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 1000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Sxxxxx Xxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. XxxxxxxAxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Wxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipGTJ Realty, L.P. 0000 LP 60 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxxx Xxxx XxxxXxxxxxxxx, Xxx Xxxxxx Xxxx 00000 Attn: Xxxx Xxxxx Pxxx Xxxxxx Telecopy No.: (000) 500-000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx Sxxxxx Xxxxxx LLP 600 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxx 0000 100 Xxx Xxxx, Xxxxxxxx Xxx Xxxx 00000 Attn: Xxxxxxx Xxxxxx Cxxxxxxxx X. XxXxxxxxxx Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (GTJ REIT, Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxx Xxxx Brooklyn, Ohio 44144 Attn: Xxx X. XxxXxxxxx Telecopy No.: (000) 000-0000 With a copy to: KeyBank National Association 0000 Xxxxxxxxx Xxxx, Xxxx N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxx X. Xxxxxxx 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: Four Springs Capital Healthcare Trust Operating Partnership, L.P. 0000 000 Xxxx Xxxxxx Xxxx Xxxxx Xxxxx Xxx Xxxx, Xxx Xxxxxx XX 00000 Attn: Xxxx Xxxxx Xxxxxxx X. Xxxxxxxx Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxHealthcare Trust Operating Partnership, L.P. 000 Xxxx Xxxxxx Xxxxx 000 Xxxxxx Xxxxx Xxx Xxxx, Xxxxxxxx XX 00000 Attn: Xxxxxxx Xxxxxx Chief Financial Officer Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.11.1 attached 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(if permitted hereunder), 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Healthcare Trust, Inc.)

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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 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 Xxxxxxx Xxxxxxxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US XxXxxxx Long & Xxxxxxxx LLP Suite 5300 303 Peachtree Street000 Xxxxxxxxx Xxxxxx, N.E. X.X. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Xxxxxx Validus Operating PartnershipPartnership II, L.P. LP Two Urban Center 0000 Xxxx Xxxxxx Xxxx Xxxxxxx Xxxx., Xxx Xxxxxx 00000 Suite 650 Tampa, Florida 33609 Attn: Xxxx Xxxxx Xxxxx, Chief Financial Officer Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker Xxxxxx, Xxxxxxx and Xxxxxx, LLP 1600 Atlanta Financial Center 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx XX Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Xxxxxx 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 Schedule 1.1its 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 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx 4000 Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Yxxxxxx Xxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and 195 With a copy to: KeyBank National Association 0000 Xxxxxxxxx Xxxx100 Xxxxxx Xxxxxx, N.E.0xx Floor Cleveland, Suite 1550 Atlanta, Georgia 30328 Ohio 44114 Attn: Xxxxxxx Xxxxxxx Sxxx Xx Xxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street5000 000 Xxxxxxxxx Xxxxxx, N.E. XxxxxxxX.X. Atlanta, Xxxxxxx 00000 Georgia 30308 Attn: Xxxxxxx X. XxxxxxxSxxxxx Xxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Global Net Lease Operating Partnership, L.P. 0000 Xxxx 600 Xxxxx Xxxxxx Xxxx Xxxx30th Floor New York, Xxx Xxxxxx 00000 New York 10019 Attn: Xxxx Xxxxx General Counsel Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxGlobal Net Lease Operating Partnership, L.P. 600 Xxxxx 000 Xxxxxx Xxxx30th Floor New York, Xxxxxxxx 00000 New York 10019 Attn: Xxxxxxx Xxxxxx Chief Financial Officer Telecopy No.: (000) 000-0000 and Proskauer Rose LLP Exxxxx Xxxxx Xxxxxx New York, New York 10036 Attn: Axxxxx Xxxxxx, Esq. Telecopy No.: (000) 000-0000; if to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.11.1 attached 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(if permitted hereunder), 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.. 196

Appears in 1 contract

Samples: Credit Agreement (Global Net Lease, Inc.)

Notices Effectiveness Electronic Communications. (acc) 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 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxx Xxxxxxx 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: Four Springs Capital Trust Operating Partnership, L.P. Condor Hospitality Limited Partnership 0000 Xxxx Xxxxxx Xxxx Xxxxxxxxxx Xxxx, Xxx Xxxxxx 00000 Suite 220 Bethesda, Maryland 20814 Attn: Xxxx Xxxxx Xxxxx Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker XxXxxxx North Xxxxxx & Xxxxx, PC LLO First National Tower, Suite 3700 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx XxxxXxxxx, Xxxxxxxx 00000 Attn: Xxxxxxx Xxxxxx Xxxxx X. Xxxxxx, Esq. Telecopy No.: (000) 000-0000  With a copy to: 110  Three Wall Capital LLC 00 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxx Xxxxxxx  With a copy to:  Pillsbury Xxxxxxxx Xxxx Xxxxxxx LLP 00 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxx Xxxxxxx, Esq. to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Term Loan Agreement (Condor Hospitality Trust, Inc.)

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 telecopy, and addressed as follows: 164 If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Xxxxxxx Telecopy No.Real Estate Capital Services With a copy to: (000) 000-0000 and KeyBank National Association 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xx. Xxxxxxx Xxxxxxx 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: Four Springs Capital Trust Operating PartnershipQualityTech, L.P. 0000 Xxxx LP 00000 Xxxxxx Xxxx XxxxXxxxxx Overland Park, Xxx Xxxxxx 00000 Kansas 66213 Attn: Xxxx Xxxxx CEO/President Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxQTS Realty Trust, Xxxxx 000 Inc. 00000 Xxxxxx XxxxXxxxxx Overland Park, Xxxxxxxx 00000 Kansas 66213 Attn: Xxxxxxx Xxxxxx General Counsel Telecopy No.: (000) 000-0000 Xxxxxxx LLP 0000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx Xxxx, Xxxxxxxx 00000-0000 Attn: Xxxxxxx X. Xxxxxxxxxx Telecopy No.: (000) 000-0000 165 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days days’ prior Notice thereof, the Borrower, Guarantors, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Loan Documents and notices under the Loan Documents may, with Agent’s approval, be transmitted and/or signed by facsimile and by signatures delivered in “PDF” format by electronic mail. The effectiveness of any such documents and signatures shall, subject to Applicable Law, have the same force and effect as an original copy with manual signatures and shall be binding on the Borrower, the Guarantors, Agent and Lenders. Agent may also require that any such documents and signature delivered by facsimile or “PDF” format by electronic mail be confirmed by a manually-signed original thereof; provided, however, that the failure to request or deliver any such manually-signed original shall not affect the effectiveness of any facsimile or “PDF” document or signature. Notices and other communications to the Agent, the Lenders and the Issuing Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Agent, provided that the foregoing shall not apply to notices to any Lender or Issuing Lender pursuant to §2 if such Lender or Issuing Lender, as applicable, has notified the Agent that it is incapable of receiving notices under such Section by electronic communication. The 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 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), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, e-mail 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.

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

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 (with a copy sent by overnight mail) and addressed as follows: US_ACTIVE\121755035\V-6 If to the Agent or KeyBank: KeyBank National Association 0000 1000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Tayven Hike Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 1000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx Sxxxxx Xxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. XxxxxxxAxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxxxxxxSxxxxx Xxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipGTJ Realty, L.P. 0000 Xxxx LP 1000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx Xxxx, Xxx Xxxxxx Xxxx 00000 Attn: Xxxx Xxxxx Pxxx Xxxxxx Telecopy No.: (000) 500-000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxSxxxxx Xxxxxx LLP 1301 Avenue of the Axxxxxxx, 00xx Xxxxx 000 Xxxxxx Xxx Xxxx, Xxxxxxxx Xxx Xxxx 00000 Attn: Xxxxxxx Xxxxxx Cxxxxxxxx X. XxXxxxxxxx, Esq. Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.11.1 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 146 US_ACTIVE\121755035\V-6 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (GTJ Reit, Inc.)

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 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Xxxx Xxxxxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx000 Xxxxxxxx Xxxxxx, N.E.Xxxxx 000 NY-00-72-0100 Buffalo, Suite 1550 Atlanta, Georgia 30328 New York 14210 Attn: Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 X. Xxxxxx 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: Four Springs Capital Trust Operating PartnershipOn or prior to February 1, L.P. 0000 Xxxx Xxxxxx Xxxx 2019, then to: New Senior Investment Group Inc. 1345 Avenue of the Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxxxx Xxxx 00000 Attn: Xxxx Xxxxx Xxxxx Telecopy No.: (000) 000-0000 140 After February 1, 2019, then to: New Senior Investment Group Inc. 00 Xxxx 00xx Xxxxxx, Xxxxx 0000 Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxx Xxxxx With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxSkadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx 000 Xxxxxx Xxx Xxxx, Xxxxxxxx Xxx Xxxx, 00000 Attn: Xxxxxxx Xxxxxx Vered Rabia Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Management Agreement (New Senior Investment Group Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Xxxxxxx Telecopy No.Real Estate Capital Services 124 With a copy to: (000) 000-0000 and KeyBank National Association 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xx. Xxxxxxx Xxxxxxx 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: Four Springs Capital Trust Operating PartnershipQualityTech, L.P. 0000 Xxxx LP 00000 Xxxxxx Xxxx XxxxXxxxxx Overland Park, Xxx Xxxxxx 00000 Kansas 66213 Attn: Xxxx Xxxxx CEO/President Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxQTS Realty Trust, Xxxxx 000 Inc. 00000 Xxxxxx XxxxXxxxxx Overland Park, Xxxxxxxx 00000 Kansas 66213 Attn: Xxxxxxx Xxxxxx General Counsel Telecopy No.: (000) 000-0000 Xxxxxxx LLP 0000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx Xxxx, Xxxxxxxx 00000-0000 Attn: Xxxxxxx X. Xxxxxxxxxx Telecopy No.: (000) 000-0000 125 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days days’ prior Notice thereof, the Borrower, Guarantors, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Loan Documents and notices under the Loan Documents may, with Agent’s approval, be transmitted and/or signed by facsimile and by signatures delivered in “PDF” format by electronic mail. The effectiveness of any such documents and signatures shall, subject to Applicable Law, have the same force and effect as an original copy with manual signatures and shall be binding on the Borrower, the Guarantors, Agent and Lenders. Agent may also require that any such documents and signature delivered by facsimile or “PDF” format by electronic mail be confirmed by a manually-signed original thereof; provided, however, that the failure to request or deliver any such manually-signed original shall not affect the effectiveness of any facsimile or “PDF” document or signature.

Appears in 1 contract

Samples: Term Loan Agreement (QualityTech, LP)

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 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Xxxxxxx Tayven Hike Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 119 Attn: Xxxxxxx Xxxxxxx 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: Four Springs Capital Trust Operating PartnershipMonogram Residential Facility I, L.P. LLC 0000 Xxxx Xxxxxx Xxxx XxxxXxxxxxx Xxxxxxx, Xxx Xxxxxx Xxxxx 0000 Xxxxx, Xxxxx 00000 Attn: Xxxx Xxxxx Treasurer Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx Xxxxxx, Xxxxx Xxxxxxx Procter LLP The New York Times Building 000 Xxxxxx Xxxxxx Xxx Xxxx, Xxxxxxxx 00000 XX 00000-0000 Attn: Xxxxxxx Xxxxxx Xxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1, 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Monogram Residential Trust, Inc.)

Notices Effectiveness Electronic Communications. (aij) 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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Xxxxxxx Real Estate Capital Services Telecopy No.: (000) 000-0000 and With a copy to: KeyBank National Association 0000 Xxxxxxxxx XxxxXxxx Xxx Xxxxx Xxxxxxxxx, N.E.Xxxxx 000 Xxxxx, Suite 1550 Atlanta, Georgia 30328 Xxxxxxx Attn: Xxxxxxx Xxxxxxx Xxxxx Xxxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxxxxxxXxxxxx Xxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Healthcare Trust Operating Partnership, L.P. 0000 Xxxx 000 Xxxxx Xxxxxx Xxxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxxxx XX 00000 Attn: Xxxx Xxxxx Xxxxxxx X. Xxxxxxxx Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx XxxxxxHealthcare Trust Operating Partnership, L.P. 000 Xxxxx 000 Xxxxxx 00xx Xxxxx Xxx Xxxx, Xxxxxxxx XX 00000 Attn: Xxxxxxx Xxxxxx Chief Financial Officer Telecopy No.: (000) 000-0000 148 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.11.1 attached 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(if permitted hereunder), 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Healthcare Trust, Inc.)

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 1000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxx Txx Xxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association 0000 2000 Xxxx Xxxxxxxxx XxxxXxxx Xxx 000 Xxxxxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Xxxxxxx 00000 Attn: Mxxxxxx Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US LLP Suite 5300 303 Peachtree Street, N.E. XxxxxxxAxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxxxxxxSxxxxx Xxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Modiv Operating Partnership, L.P. 0000 Xxxx LP c/o Modiv Advisors, LLC 100 Xxxxxxx Xxxxxx Xxxx XxxxXxxxx Xxxxxxx Xxxxx, Xxx Xxxxxx XX 00000 Attn: Xxxx Xxxxx Telecopy No.Rxxxxxx X. Xxxxxx Email: (000) 000-0000 rxxxxxx@xxxxx.xxx With a copy to: Thomson Walker 0000 Mxxxxx, Mxxxxxx & Mxxxxx, LLP 1600 Atlanta Financial Center 3000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx X.X. Xxxxxxx, Xxxxxxx 00000 Attn: Lxxxxx Xxxxxxx Xxxxxx Xxxxxxx, Esq. Telecopy No.: (000) 400-000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1, 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Modiv Inc.)

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 telecopy, and addressed as follows: If to the Agent or KeyBank: KeyBank National Association 0000 Xxxxxxxxx 4000 Xxxxxxxx Xxxx, N.E.3rd Floor Brooklyn, Suite 1550 Atlanta, Georgia 30328 Ohio 44144 Attn: Xxxxxx Xxxxxxx Telecopy No.Real Estate Capital Services With a copy to: (000) 000-0000 and KeyBank National Association 100 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Mx. Xxxxxxx Xxxxxxx Telecopy No.: (000) 000-0000 and Dentons US MxXxxxx Long & Axxxxxxx LLP Suite 5300 303 Peachtree Street300 Xxxxxxxxx Xxxxxx, N.E. X.X. Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Wxxxxxx X. Xxxxxxx, Esq. Telecopy No.: (000) 000-0000 If to the Borrower: Four Springs Capital Trust Operating PartnershipQualityTech, L.P. 0000 Xxxx LP 10000 Xxxxxx Xxxx XxxxXxxxxx, Xxx Xxxxxx 00000 Suite 205 Overland Park, Kansas 66213 Attn: Xxxx Xxxxx CEO/President Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker 0000 Xxxxxxxxx Quality Companies, LLC 10000 Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxx XxxxSuite 205 Overland Park, Xxxxxxxx 00000 Kansas 66213 Attn: Xxxxxxx Xxxxxx Corporate Counsel Telecopy No.: (000) 000-0000 Sxxxxxx Xxxxxxx Street, LLP 1000 Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx Xxxx, Xxxxxxxx 00000-0000 Attn: Pxxxxxx X. Xxxxxxxxxx Telecopy No.: (000) 000-0000 128 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 receipt of the Notice sent. By giving at least fifteen (15) days days’ prior Notice thereof, the Borrower, Guarantors, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Loan Documents and notices under the Loan Documents may, with Agent’s approval, be transmitted and/or signed by facsimile and by signatures delivered in “PDF” format by electronic mail. The effectiveness of any such documents and signatures shall, subject to applicable law, have the same force and effect as an original copy with manual signatures and shall be binding on the Borrower, the Guarantors, Agent and Lenders. Agent may also require that any such documents and signature delivered by facsimile or “PDF” format by electronic mail be confirmed by a manually-signed original thereof; provided, however, that the failure to request or deliver any such manually-signed original shall not affect the effectiveness of any facsimile or “PDF” document or signature. Notices and other communications to the Agent, the Lenders and the Issuing Lender hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Agent, provided that the foregoing shall not apply to notices to any Lender or Issuing Lender pursuant to §2 if such Lender or Issuing Lender, as applicable, has notified the Agent that it is incapable of receiving notices under such Section by electronic communication. The 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 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), and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, e-mail 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.

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

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 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 Xxxxxxx Xxxxxxxxxxxx Telecopy No.: (000) 000-0000 and KeyBank National Association Xxxxxxx XX XXX Xxxxx 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attn: Xxxxxxx Xxxxxxx 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: Four Springs Capital Trust Xxxxxx Validus Operating PartnershipPartnership II, L.P. LP Two Urban Center 0000 Xxxx Xxxxxx Xxxx Xxxxxxx Xxxx., Xxx Xxxxxx 00000 Suite 650 Tampa, Florida 33609 Attn: Xxxx Xxxxx Xxxxx, Chief Financial Officer Telecopy No.: (000) 000-0000 With a copy to: Thomson Walker Xxxxxx, Xxxxxxx and Xxxxxx, LLP 1600 Atlanta Financial Center 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx XX Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Xxxxxx HeathDouglas D. LinskySelph, Esq. Telecopy No.: (000) 000-0000 to any other Lender which is a party hereto, at the address for such Lender set forth on Schedule 1.1its 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 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 receipt of the Notice sent. By giving at least fifteen (15) days prior Notice thereof, the Borrower, a Lender or the Agent shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America.

Appears in 1 contract

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)

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