Common use of Notices, Etc Clause in Contracts

Notices, Etc. Unless specifically provided otherwise in this Agreement, all notices and other communications provided for hereunder shall be in writing (including facsimile) and delivered by hand or overnight courier service, mailed or sent by facsimile, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Day.

Appears in 2 contracts

Sources: Credit Agreement (Firstenergy Corp), Credit Agreement (FirstEnergy Transmission, LLC)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimilefax communication) and delivered by hand mailed, faxed or overnight courier service, mailed or sent by facsimiledelivered, if to any Loan Party at the Borroweraddress specified below its name on the signature pages hereof or of a Supplement to the Pledge Agreement delivered pursuant to Section 5.01(j) or (k); if to any Person that is a Lender Party as of the date hereof, at its Domestic Lending Office specified in the Lender Addendum delivered by such Lender Party; if to any other Lender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it in care of FE became a Lender Party; if to the Administrative Agent or the Collateral Agent, at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇/▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇) ▇▇▇-▇▇▇▇; if to any , Attention: Syndication Agency Services, Telecopier: ▇▇▇-▇▇▇-▇▇▇▇, Telephone: ▇▇▇-▇▇▇-▇▇▇▇, with a copy to: Wachovia Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.National Association, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, EmailAttention: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PhoneTelecopier: +▇(▇▇▇)-▇▇▇-▇▇▇▇, EmailTelephone: ▇▇▇-▇▇▇-▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each any party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to All such notices and other communications shall, when mailed or faxed, be effective when deposited in the other notice requirements of this Agreementmails or transmitted by fax, all except that notices and communications given to any party hereto in accordance with the provisions Agent pursuant to Article II, III or VII shall not be effective until received by such Agent. Delivery by fax or electronic mail of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed effective as delivery of an original executed counterpart thereof. (b) The Loan Parties hereby agree that they will provide to have been given the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to the Loan Documents, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for a new, or a Conversion of an existing, Borrowing or other Extension of Credit (including any election of an interest rate or interest period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other Extension of Credit thereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by faxing the Communications to a telecopier number specified by the Administrative Agent to the Loan Parties. In addition, each Loan Party agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent. Each Loan Party further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on SyndTrak or a substantially similar electronic transmission system (the date “Platform”). (c) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE LOAN PARTIES , ANY LENDER PARTY OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE LOAN PARTIES’ OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (d) The Administrative Agent agrees that the receipt of receipt if delivered the Communications by hand or overnight courier service, mailed or sent by facsimile the Administrative Agent at its telecopier number set forth above shall constitute effective delivery of the Communications to such party and received during the normal business hours Administrative Agent for purposes of such party the Loan Documents. Each Lender Party agrees that notice to it (as provided in this Section 8.02 or the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender Party for purposes of the Loan Documents. Each Lender Party agrees to notify the Administrative Agent in accordance with the latest unrevoked direction writing (including by fax) from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours time to time of such party, receipt Lender Party’s E-mail address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such E-mail address. Nothing herein shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayAdministrative Agent or any Lender Party to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Appears in 2 contracts

Sources: Credit Agreement (CBRL Group Inc), Credit Agreement (CBRL Group Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (i) in writing (including facsimiletelegraphic, telecopy or electronic communication) and mailed, telegraphed, telecopied or delivered by hand or overnight courier service(ii) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), mailed or sent by facsimilein an electronic medium and delivered as set forth in Section 8.02(b), if to the Borrowerany Loan Party, to it in care of FE the Borrower at its address at atAv. ▇▇▇▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇, Perú, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimileFax: (▇▇▇) ▇▇▇-▇▇▇▇, E-mail Address: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇.▇▇ and ▇▇▇▇▇▇@▇▇▇.▇▇▇.▇▇; if to any BankInitial Lender, at its Applicable Lending Office specified opposite its name on Schedule I heretoI; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent or the Collateral Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇▇▇▇ Urales 620 2°piso, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, D.F., Attention: ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ / ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Fax: +5255 ▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, EmailE-mail Address: ▇.▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇/ ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if or, as to any Fronting Bank identified on Schedule II heretothe Borrower, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAdministrative Agent or the Collateral Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Borrower and the Administrative Agent; provided, however, that materials and information described in Section 8.02(b) shall be delivered to the other notice requirements of this Agreement, all notices and communications given to any party hereto Administrative Agent in accordance with the provisions thereof or as otherwise specified to the Borrower by the Administrative Agent. All such notices and other communications shall, when mailed, telegraphed, telecopied, or e-mailed, be effective when deposited in the mails, delivered to the telegraph company, transmitted by telecopier or sent by electronic communication, respectively, except that notices and communications to any Agent pursuant to Article II, III or VII shall not be effective until received by such Agent. Delivery by telecopier or other electronic communication of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes shall be deemed effective as delivery of an original executed counterpart thereof. (b) The Borrower hereby agrees that it will provide to have been given the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to the Loan Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (ii) provides notice of any Default or Event of Default under this Agreement or (iii) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other Extension of Credit thereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to an electronic mail address specified by the Administrative Agent to the Borrower. In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent. The Borrower further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on IntraLinks or a substantially similar electronic transmission system (the date “Platform”). (c) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Administrative Agent agrees that the receipt of receipt if delivered the Communications by hand or overnight courier service, mailed or sent by facsimile the Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to such party and received during the normal business hours Administrative Agent for purposes of such party the Loan Documents. Each Lender agrees that notice to it (as provided in this Section 8.02 or the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees to notify the Administrative Agent in accordance with the latest unrevoked direction writing (including by electronic communication) from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours time to time of such party, receipt Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such e-mail address. Nothing herein shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayAdministrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Appears in 2 contracts

Sources: Credit Agreement (Grana & Montero S.A.A.), Credit Agreement (Grana & Montero S.A.A.)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications ------------ provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the BorrowerPharmacia, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, Attention: Treasurer; if to Monsanto, Facsimile: (at its address at ▇▇) ▇▇▇-. ▇▇▇▇; ▇▇▇▇▇ Boulevard, St Louis, Missouri 63167, Attention: Chief Financial Officer, with an information copy to the Secretary at the same address, if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Bank Loan Syndications Department; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrowers or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrowers and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are received after shall, when mailed, telecopied, telegraphed or telexed, be effective upon receipt. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the normal business hours Notes or of such party, receipt any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 2 contracts

Sources: 364 Day Credit Agreement (Monsanto Co /New/), Credit Agreement (Monsanto Co /New/)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier or telegraphic communication) and delivered by hand mailed, telecopied, telegraphed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrowerany Borrowers, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇Suite 1900, ▇▇▇▇ ▇▇▇▇▇Jacksonville, Florida 32202, Attention: Treasurer, FacsimileTelecopy No.: (▇▇▇) ▇▇▇-▇▇▇▇, with a copy to: Corporate Secretary; if to any BankLender party to this Agreement as of the date hereof, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ at Eleven ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105▇▇▇▇, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneTelecopy No.: +▇(▇▇▇)-) ▇▇▇-▇▇▇▇, Emailemail: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇@-▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each partyany Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to each Borrower and the Administrative Agent. Subject All such notices and communications shall, when mailed, telecopied or telegraphed, be effective when deposited in the mails, telecopied or delivered to the other notice requirements telegraph company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement, all notices the Notes or any other Loan Document or of any Exhibit hereto and communications given thereto to any party hereto in accordance with the provisions of this Agreement be executed and delivered hereunder and thereunder shall be deemed effective as delivery of a manually executed counterpart thereof. Electronic mail and intranet websites may be used only to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to distribute routine information such party as financial statements and received during the normal business hours of such party other information as provided in this Section 8.02 or in accordance with 5.01(k), and to distribute Loan Documents for execution by the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices parties thereto, and communications are received after may not be used for any other purpose, except as agreed to by the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAdministrative Agent.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇& ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Bank Loan Syndications Department; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 2 contracts

Sources: Credit Agreement (Bausch & Lomb Inc), Credit Agreement (Bausch & Lomb Inc)

Notices, Etc. Unless specifically (a) Except as otherwise provided otherwise in this Agreementherein, all notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telex or telecopy communication) and delivered by hand mailed, telegraphed, telexed, telecopied or overnight courier service, mailed or sent by facsimiledelivered, if to the BorrowerCaterpillar, to it in care of FE at its address at ▇▇▇ ▇.▇. ▇▇▇▇▇ ▇▇▇▇▇▇, Peoria, Illinois 61629-5370, Attention: Manager - Corporate Finance Services; if to CFSC, CIF, or CFC, at ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105▇▇▇▇, Attention: Treasurer; if to any Bank, at its Domestic Lending Office specified beneath its name on its respective signature page hereto; and if to the Agent, at its address at Bank Loan Syndications, ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(Bank Loan Syndications, Telecopier No. ▇▇▇)-▇▇▇-▇▇▇▇, Email: with a copy to Citicorp North America, Inc., ▇▇▇ ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇Chicago, EmailIllinois 60606, Attention: ▇▇▇▇▇▇▇.▇ ▇’▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all All such notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on three (3) Business Days after deposit in the date United States mail (registered or certified, with postage prepaid and properly addressed), when delivered to the telegraph company, upon receipt of receipt if a telex or telecopy or when delivered in person or by hand or overnight courier service, mailed except that notices and communications to the Agent pursuant to Article II or VII shall not be effective until received by the Agent. (b) Each Borrower hereby agrees that it will provide to the Agent (unless otherwise agreed to by the Agent) all information, documents and other materials that it is obligated to furnish to the Agent or the Banks, as applicable, pursuant to this Agreement, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for an extension of credit (including any election of an interest rate or Interest Period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Event of Default or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Agent to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. In addition, each Borrower agrees to continue to provide the Communications to the Agent in the manner otherwise specified in this Agreement but only to the extent requested by the Agent. (c) The Agent agrees to make the Communications available to the Banks by posting the Communications on Intralinks or a substantially similar electronic transmission system (the “Platform”). Each Borrower acknowledges that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. (d) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWERS, ANY BANK OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWERS’ OR THE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (e) The Agent agrees that the receipt of the Communications by the Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Agent for purposes of Section 9.02. Each Bank agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Bank for purposes of Section 9.02. Each Bank agrees to notify the Agent in writing (including by electronic communication) from time to time of such Bank’s e-mail address(es) to which the foregoing notice may be sent by facsimile electronic transmission and (ii) that the foregoing notice may be sent to such party e-mail address(es); provided that (x) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such party as provided in this Section 8.02 notice or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt communication shall be deemed to have been given upon sent at the opening of business on the next business day for the recipient’s next Business Day, and (y) 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 (x) of notification that such notice or communication is available and identifying the website address therefor.

Appears in 2 contracts

Sources: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimilee-mail or telecopier communication) and mailed, e-mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the any Borrower, to it in care of FE the Company at its address at 7▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ Road, Purchase, New York 10577, Attention: Assistant Treasurer, E-Mail: P▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇, Attention: Treasurerwith a copy to General Counsel, Facsimile: Telecopier No. (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite set forth in its name on Schedule I heretoAdministrative Questionnaire; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ the Agent’s Address; and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II heretothe Sub-Agent, at the address specified opposite its name on Schedule II heretoSub-Agent’s Address; if or, as to any other Fronting Bankthe Company, the Agent or the Sub-Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(d) shall be delivered to the other notice requirements Agent as specified in the last sentence of this Agreement, all Section 5.01(d). All such notices and communications given to any party hereto in accordance with the provisions of this Agreement mailed or sent by hand or overnight courier service shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such when received; notices and communications are received after the normal business hours of such party, receipt sent by e-mail or telecopier shall be deemed to have been given upon when sent (except that, if not received during normal business hours for the recipient, shall be deemed to have been received at the opening of business on the next business day for the recipient). The Company and the Agent may agree to accept notice and other communications by electronic means pursuant to procedures approved by both parties. (b) The Company agrees that the Agent may make any written information, documents, instruments and other written materials that have been provided to the Agent pursuant to the terms hereof (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) received by it during its normal business hours specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by e-mail or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s next Business Daye-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.

Appears in 2 contracts

Sources: Credit Agreement (Pepsico Inc), Credit Agreement (Pepsico Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopy communication) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: ▇ (Telecopier (▇▇▇) ▇▇▇-▇▇▇▇), Attention: Chief Financial Officer with a copy to Borrower’s general counsel at the same address (Telecopier (▇▇▇) ▇▇▇-▇▇▇▇); if to any Initial Lender, the Swing Line Bank or the Initial Issuing Bank, at its Applicable Base Rate Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Applicable Base Rate Lending Office specified in the Assignment and Assumption pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ at Eleven ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, EmailAttention: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇Agency Group Manager; or, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. All such notices and other parties. Subject to communications shall, when mailed or telecopied, be effective when deposited in the other notice requirements of this Agreementmails, all or transmitted by telecopier, respectively, except that notices and communications given to any party Agent pursuant to Article II, III or VII shall not be effective until received by such Agent. Delivery by telecopier of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof. (b) If any notice required under this Agreement is permitted to be made, and is made, by telephone, actions taken or omitted to be taken in reliance thereon by the Administrative Agent or any of the Lender Parties shall be binding upon the Borrower and the other Loan Parties notwithstanding any inconsistency between the notice provided by telephone and any subsequent writing in confirmation thereof provided to the Administrative Agent or such Lender Party; provided that any such action taken or omitted to be taken by the Administrative Agent or such Lender Party shall have been in good faith and in accordance with the provisions terms of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAgreement.

Appears in 2 contracts

Sources: Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be (x) in writing (including facsimiletelecopier or telegraphic communication) and delivered by hand or overnight courier service, mailed or sent by facsimilereputable overnight courier, telecopied, telegraphed or delivered or (y) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Senior Vice President and Chief Financial Officer, and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Director Treasury Operations and Finance, with copies to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, General Counsel]; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat JPMorgan Loan Services, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)▇▇▇▇, ▇▇ ▇▇▇▇▇, Tel: ▇▇▇-▇▇▇-▇▇▇▇, EmailFax: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Emailemail: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇; if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iv) shall be delivered to the other notice requirements of this Agreement, all notices and communications given Agent as specified in Section 8.02(b) or as otherwise specified to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on Borrower by the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Agent. If All such notices and communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as JPMCB or any of its Affiliates is the Agent, notwithstanding anything to the contrary herein, materials required to be delivered pursuant to Section 5.01(i)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at ▇▇▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. The Borrower agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such Communications on Intralinks or a substantially similar electronic system (the “Platform”). The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are received after confidentiality and other risks associated with such distribution, (ii) the normal business hours Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform. (c) Each Lender agrees that any notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such partyinformation, receipt documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall be deemed to have been given upon the opening deliver a copy of the recipientCommunications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s next Business Daye-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.

Appears in 2 contracts

Sources: Five Year Credit Agreement (Snap on Inc), Credit Agreement (Snap on Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopy communication) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimile, delivered: if to the Borrower, to it in care of FE at its address at Borrower or the Parent Guarantor: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Attention: Treasurer, FacsimileGeneral Counsel Telecopy number: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: ; ▇▇▇▇▇ ▇▇▇▇▇, Treasurer Sodexho Marriott Operations, Inc. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telecopy number: (▇▇▇) ▇▇▇-▇▇▇▇ and: ▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Esq. Telecopy number: (▇▇▇) ▇▇▇-▇▇▇▇ if to any Initial Lender or any Initial Issuing Bank, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., : ▇▇▇▇▇▇ Guaranty Trust Company of New York ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email▇ Attention: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Phone▇ Telecopy number: +▇(▇▇▇)-) ▇▇▇-▇▇▇▇ or, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are received after the normal business hours of such party, receipt shall be deemed effective (i) if given by telecopy, when transmitted to have been the telecopy number referred to in this Section and confirmation of receipt is received, (ii) if given upon by mail, 72 hours after such communication is deposited in the opening mails with postage prepaid, addressed as aforesaid or (iii) if given by any other means, when delivered at the address referred to in this Section, except that notices and communications to the Administrative Agent pursuant to Article II or VIII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the recipient’s next Business DayNotes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof.

Appears in 2 contracts

Sources: Credit Agreement (Sodexho Alliance S A), Credit Agreement (Sodexho Mariott Services Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or telex communication) and delivered by hand mailed, telegraphed, telecopied, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Chief Financial Officer; if to any Lender, at its Applicable Lending Office specified opposite its name on Schedule I hereto, or specified in the Assignment and Acceptance pursuant to which it became a Lender; if to the Agent, at its address at General Electric Capital Corporation, 201 ▇▇▇▇▇▇▇ 7, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: TreasurerITC Account Manager, Facsimile▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ with copies to: Weil, Gotshal & ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, LLP, ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, Phone▇▇ ▇▇▇▇▇, Attention: +▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq., Telecopier No.: (▇▇▇)-) ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each any party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered to the telegraph company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to any Agent pursuant to Article II, III or VIII shall not be effective until received after by such Agent. Manual delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the normal business hours Notes or of such party, receipt any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Dayan original executed counterpart thereof.

Appears in 2 contracts

Sources: Credit Agreement (Itc Deltacom Inc), Credit Agreement (Itc Deltacom Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier or telegraphic communication) and mailed, telecopied, telegraphed or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 8.02(b), if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Attention: Assistant Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇Bank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent. All such notices and communications shall be effective when received. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (▇▇▇)b) So long as Citibank or any of its Affiliates is the Agent, such materials as the Borrower and the Agent shall agree shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-▇▇▇-▇▇▇▇, Email: mail at ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto. With the Borrower’s prior consent, at the address specified opposite its name on Schedule II hereto; if to Agent may make such materials, as well as any other Fronting Bankwritten information, at documents, instruments and other material relating to the Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such address notices on Intralinks or a substantially similar electronic system (the “Platform”); provided, however, that the Borrower’s prior consent is not required in the event such information is publicly available. The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as shall be designated is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by such Fronting Bank the Agent or any of its Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 2 contracts

Sources: 364 Day Credit Agreement (SBC Communications Inc), Credit Agreement (SBC Communications Inc)

Notices, Etc. Unless specifically provided Except as otherwise in this Agreementspecified herein, all notices, requests, demands or other communications to or upon the respective parties hereto shall be sent or delivered by mail, telegraph, telex, telecopy, cable or courier service and all such notices and communications shall, when mailed, telegraphed, telexed, telecopied, or cabled or sent by courier, be effective when deposited in the mails, delivered to the telegraph company, cable company or overnight courier, as the case may be, or sent by telex or telecopier, except that notices and communications to the Pledgee or the Pledgor shall not be effective until received by the Pledgee or the Pledgor, as the case may be. All notices and other communications provided for hereunder shall be in writing and addressed as follows: (including facsimilea) and delivered by hand or overnight courier service, mailed or sent by facsimile, if to the BorrowerPledgor, to it in care of FE at its address at at: H▇▇▇▇▇ Electronics Corporation 2▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ El Segundo, California 90245 Attention: Treasurer Telephone No.: (▇▇) ▇▇▇-▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇ (b) if to the Pledgee, at: Deutsche Bank Trust Company Americas 3▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇and ▇Attention: G▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone▇ Telephone No.: +▇(▇▇▇)) ▇▇▇-▇▇▇▇ Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; (c) if to any Fronting Bank identified on Schedule II heretoLender Creditor, either (x) to the Administrative Agent, at the address of the Administrative Agent specified opposite its name on Schedule II hereto; in the Credit Agreement, or (y) at such address as such Lender Creditor shall have specified in the Credit Agreement; (d) if to any other Fronting BankOther Creditor, at such address as such Other Creditor shall be designated by such Fronting Bank have specified in a written notice writing to the other partiesPledgor and the Pledgee; or, as to each party, or at such other address or addressed to such other individual as shall be designated have been furnished in writing by such party in a written notice any Person described above to the other parties. Subject party required to the other give notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Dayhereunder.

Appears in 2 contracts

Sources: Hypothecation Agreement (Directv Holdings LLC), Hypothecation Agreement (Directv Group Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or e-mail communication) and delivered by hand mailed, telegraphed, telecopied, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at 1▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: Chief Financial Officer (▇▇▇) ▇▇▇-▇▇▇▇with a copy to the attention of the General Counsel at the same address); if to any Bankthe Initial Lender, at its Applicable Lending Office specified opposite its name on Schedule I heretoin Section 1.01; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat 4 World Financial Center, JPMorgan Chase Bank, N.A.N▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: C▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each any party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to All such notices and other communications shall, when mailed, telegraphed, telecopied, telexed or delivered, be effective (i) in the event of mail, three Business Days after such notice or other notice requirements communication is deposited in the mails and (ii) in the event of this Agreementtelegraph, all telecopy or telex, upon confirmation of transmission or delivery, except that notices and communications given to any party hereto in accordance with the provisions Agent pursuant to Article II, III or VII shall not be effective until received by such Agent. Delivery by telecopier of an executed counterpart of a signature page to this Agreement or to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given on the date effective as delivery of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Dayan original executed counterpart thereof.

Appears in 2 contracts

Sources: Credit Agreement (Madison River Communications Corp.), Credit Agreement (Madison River Communications Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic or telecopy) and mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimilehand, if to the BorrowerStandby Purchaser, addressed to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇, ▇▇▇▇▇-▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇▇ - ▇▇, Attention: Treasurer▇▇▇▇▇▇, FacsimileTelephone: (▇▇-▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other LenderTelecopier: (▇▇-▇▇) ▇▇▇-▇▇▇▇, at its Applicable Lending Office specified in the Assignment Attention: ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ Senna, Financings, Leasing and Assumption pursuant to which it became a Lender; Corporate Loans Manager, if to the Administrative AgentTrustee, at its address at, JPMorgan Chase Bank, N.A.The Bank of New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 4E, New York, New York, 10286, USA, Telephone: (▇-▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-) ▇▇▇-▇▇▇▇, EmailTelecopier: (▇-▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-) ▇▇▇-▇▇▇▇, EmailAttention: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; Corporate Trust Department or, as to each any party, at such other address as shall be designated by such party in a written notice to the each other partiesparty. Subject to the other notice requirements of this Agreement, all All such notices and other communications given shall, when telecopied, be effective when transmitted. Delivery by telecopier of an executed counterpart of a signature page to any party hereto in accordance with the provisions amendment or waiver of any provision of this Agreement shall be deemed effective as delivery of an original executed counterpart thereof. (b) All payments made by the Standby Purchaser to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt Trustee hereunder shall be deemed made to have been given upon the opening of Payment Account (as defined in the recipient’s next Business DayIndenture), except to the extent otherwise specified in a Partial Non-Payment Notice or Total Non-Payment Notice.

Appears in 2 contracts

Sources: Standby Purchase Agreement (Petrobras International Finance Co), Standby Purchase Agreement (Petrobras International Finance Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed (return receipt requested), telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the BorrowerCompany or to any Designated Subsidiary, to it in care of FE at its the Company's address at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇, Attention: Assistant Treasurer; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Bank Loan Syndications Department, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.with a copy to ▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇, Attention: _______________; if or, as to any Fronting Bank identified on Schedule II hereto, at Borrower or the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAgent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 2 contracts

Sources: 364 Day Backstop Credit Agreement (Alliedsignal Inc), 364 Day Backstop Credit Agreement (Alliedsignal Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all notices and other communications provided for hereunder shall be in writing (including facsimile) and delivered by hand or overnight courier service, mailed or sent by facsimile, if to the any Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable DomesticApplicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable DomesticApplicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Mizuho Bank, N.A.Ltd., Harborside Financial Center, ▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Day.

Appears in 2 contracts

Sources: Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp)

Notices, Etc. Unless specifically (a) Except as otherwise provided otherwise in this Agreementherein, all notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telex or telecopy communication) and delivered by hand mailed, telegraphed, telexed, telecopied or overnight courier service, mailed or sent by facsimiledelivered, if to the BorrowerCaterpillar, to it in care of FE at its address at 1▇▇ ▇.▇. ▇▇▇▇▇ ▇▇▇▇▇▇, Peoria, Illinois 61629-5370, Attention: Manager - Corporate Finance Services; if to CFSC or CFC, at 2▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105▇▇▇▇, Attention: Treasurer; if to any Bank, at its Domestic Lending Office specified beneath its name on its respective signature page hereto; and if to the Agent, at its address at Bank Loan Syndications, T▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(Bank Loan Syndications, Telecopier No. 3▇▇▇)-▇▇▇-▇▇▇▇, Email: with a copy to Citicorp North America, Inc., 2▇▇ ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PhoneChicago, Illinois 60606, Attention: +▇(▇▇▇)-▇▇▇-M▇▇▇▇, Email: ▇▇▇ ▇’▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all All such notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on three (3) Business Days after deposit in the date United States mail (registered or certified, with postage prepaid and properly addressed), when delivered to the telegraph company, upon receipt of receipt if a telex or telecopy or when delivered in person or by hand or overnight courier service, mailed except that notices and communications to the Agent pursuant to Article II or VII shall not be effective until received by the Agent. (b) Each Borrower hereby agrees that it will provide to the Agent (unless otherwise agreed to by the Agent) all information, documents and other materials that it is obligated to furnish to the Agent or the Banks, as applicable, pursuant to this Agreement, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for an extension of credit (including any election of an interest rate or Interest Period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Event of Default or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Agent to o▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. In addition, each Borrower agrees to continue to provide the Communications to the Agent in the manner otherwise specified in this Agreement but only to the extent requested by the Agent. (c) The Agent agrees to make the Communications available to the Banks by posting the Communications on Intralinks or a substantially similar electronic transmission system (the “Platform”). Each Borrower acknowledges that the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. (d) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWERS, ANY BANK OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWERS’ OR THE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY RESULTED FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (e) The Agent agrees that the receipt of the Communications by the Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Agent for purposes of Section 8.02. Each Bank agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Bank for purposes of Section 8.02. Each Bank agrees to notify the Agent in writing (including by electronic communication) from time to time of such Bank’s e-mail address(es) to which the foregoing notice may be sent by facsimile electronic transmission and (ii) that the foregoing notice may be sent to such party e-mail address(es); provided that (x) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such party as provided in this Section 8.02 notice or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt communication shall be deemed to have been given upon sent at the opening of business on the next business day for the recipient’s next Business Day, and (y) 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 (x) of notification that such notice or communication is available and identifying the website address therefor.

Appears in 2 contracts

Sources: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the any Borrower, to it in care at the address of FE the Company at its address at ▇▇ Four Coliseum Center, 2730 West Tyvola Road, Charlotte, North Carolina 28217, Attention: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇-▇▇▇-▇▇▇▇ ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇r, at its Domestic Lending Office speci▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite e its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat Two Penns Way, JPMorgan Chase BankNew Castle, N.A.Delaware 19720, Attention: Bank Loan Syn▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇-894-6102; or, Phone: +▇(as to the Company or the Agent, at such other add▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall l be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Agent. Subject to the other notice requirements of this Agreement, all All such notices and communications given shall, when mailed or telecopied, be effective when deposited in the mails or telecopied, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any party hereto in accordance with the provisions amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed effective as delivery of a manually executed counterpart thereof. (b) Notwithstanding anything to have been given on the date contrary contained in this Agreement or any Note, (i) any notice to the Borrowers or to any one of receipt if them required under this Agreement or any such Note that is delivered to the Company shall constitute effective notice to the Borrowers or to any such Borrower, including the Company and (ii) any Notice of Borrowing or any notice of Conversion delivered pursuant to Section 2.08 may be delivered by hand any Borrower or overnight courier serviceby the Company, mailed or sent by facsimile on behalf of any other Borrower. Each Designated Subsidiary hereby irrevocably appoints the Company as its authorized agent to such party receive and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given deliver notices in accordance with this Section 8.02. If 9.02, and hereby irrevocably agrees that (A) in the case of clause (i) of the immediately preceding sentence, the failure of the Company to give any notice referred to therein to any such notices and communications are received after Designated Subsidiary to which such notice applies shall not impair or affect the normal business hours validity of such partynotice with respect thereto and (B) in the case of clause (ii) of the immediately preceding sentence, receipt the delivery of any such notice by the Company, on behalf of any other Borrower, shall be deemed binding on such other Borrower to have the same extent as if such notice had been given upon the opening of the recipient’s next Business Dayexecuted and delivered directly by such Borrower.

Appears in 2 contracts

Sources: 364 Day Credit Agreement (Goodrich Corp), Credit Agreement (Goodrich Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ 200 ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇, ▇▇ ▇▇▇▇▇, Attention▇▇tention: Treasurer, Facsimile: (Chri▇▇▇) ▇▇▇-▇ ▇. ▇▇▇▇▇▇; if ▇▇ to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat Two ▇▇▇▇▇ ▇▇▇, JPMorgan Chase Bank, N.A.▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ention: Chri▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ , ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇th a copy to J. Nich▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇9 ▇▇▇▇ ▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇; ▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if , as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 2 contracts

Sources: Credit Agreement (Detroit Edison Co), Credit Agreement (Detroit Edison Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or telex communication) and delivered by hand mailed, telegraphed, telecopied, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Indiana 46804, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (facsimile 260-969-3587); if to any BankInitial Lender Party, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Applicable Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a LenderLender Party; if to the Administrative Collateral Agent, at its address atat 629 Euclid Avenue, JPMorgan Chase BankLocator 01-3028, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (facsimile 216-222-0192); and if to the Paying Agent, Phone: +▇(▇▇▇)at its address at 629 Euclid Avenue, Locator 01-▇▇▇-▇▇▇▇3028, Email: ▇▇▇▇▇▇▇▇., ▇@▇▇▇▇▇.▇▇▇ and , Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (facsimile 216-222-0012) and with respect to notices and/or deliveries pursuant to Section 5.03 with a copy to ▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇, Suite 800, Fort .▇▇▇▇, IN 46802, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇▇ (facsimile 260-461-6238); if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Paying Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Paying Agent. All such notices and other parties. Subject communications shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered to the other notice requirements of this Agreementtelegraph company, all transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications given to any party hereto in accordance with the provisions Agent pursuant to Article II, III or VII shall not be effective until received by such Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed effective as delivery of an original executed counterpart thereof. (b) Notices and other communications to have been given on the date of receipt if Lender Parties hereunder may be delivered or furnished by hand electronic communications pursuant to procedures approved by the Paying Agent; provided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Paying Agent and the applicable Lender. The Paying Agent or overnight courier servicethe Borrower may, mailed or sent in its discretion, agree to accept notices and other communications to it hereunder by facsimile electronic communications pursuant to such party and received during the normal business hours procedures approved by it; provided that approval of such party as provided in this Section 8.02 procedures may be limited to particular notices or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daycommunications.

Appears in 2 contracts

Sources: Credit Agreement (Steel Dynamics Inc), Credit Agreement (Steel Dynamics Inc)

Notices, Etc. Unless specifically provided otherwise in this AgreementAll notices, all notices requests, consents and other communications provided for hereunder shall be in writing writing, shall be addressed to the receiving party's address set forth below or to such other address as a party may designate by notice hereunder, and shall be either (including facsimilei) and delivered by hand hand, (ii) made by telex, telecopy or overnight courier servicefacsimile transmission, mailed or (iii) sent by facsimileovernight courier, if or (iv) sent by registered or certified mail, return receipt requested, postage prepaid. If to the BorrowerCompany: Media Logic, to it in care of FE at its address at Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: President Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esquire Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: (, Attention: Treasurer, ▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if ▇ If to the Administrative Agent, at its registered holder of this Warrant: Such address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as may have been furnished to any Fronting Bank identified on Schedule II hereto, the Company in writing by such holder or at the address specified opposite its name shown on Schedule II hereto; if to any such holder's Warrant. All notices, requests, consents and other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement hereunder shall be deemed to have been given either (i) if by hand, at the time of the delivery thereof to the receiving party at the address of such party set forth above, (ii) if made by telex, telecopy or facsimile transmission, at the time that receipt thereof has been acknowledged by electronic confirmation or otherwise, (iii) if sent by overnight courier, on the date of receipt if next business day following the day such notice is delivered by hand or overnight to the courier service, mailed or (iv) if sent by facsimile to registered or certified mail, on the 5th business day following the day such party mailing is made." 6. Except as modified by this Amendment, the Warrant shall remain in full force and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Dayeffect.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant Amendment (Media Logic Inc), Common Stock Purchase Warrant (Media Logic Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement(a) Parent hereby covenants and agrees that Parent shall provide Ascent with notice of any bankruptcy, all notices insolvency, reorganization, arrangement, adjustment, composition, dissolution, liquidation, or the like of Parent. (b) All notices, requests, demands, claims, and other communications provided for to any party hereunder or pursuant to the terms hereof shall be in writing. Any such notice, request, demand, claim, or other communication to any party hereunder shall be in writing (including facsimile) and deemed duly delivered three business days after it is sent by hand registered or certified mail, return receipt requested, postage prepaid, or one business day after it is sent via a reputable nationwide overnight courier service, mailed or sent by facsimile, in each case to the intended recipient as set forth below: if to the BorrowerParent, to it in care of FE at its address at to: Alpharma, Inc. One ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇ 07024 Attention: President with a copy to: Alpharma, Inc. One ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇ 07024 Attention: Chief Legal Officer Ascent Pediatrics, Inc. 187 ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Alan ▇. ▇▇▇ with a copy to: Hale ▇▇▇ Dorr ▇▇▇ 60 S▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇Davi▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ . ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇q. Any party may give any such notice, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II heretorequest, at the address specified opposite its name on Schedule II hereto; if to demand, claim, or other communication using any other Fronting Bankmeans (including personal delivery, at expedited courier, messenger service, telecopy, telex, ordinary mail, or electronic mail), but no such address as shall be designated by such Fronting Bank in a written notice to the notice, request, demand, claim, or other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement communication shall be deemed to have been duly given on unless and until it actually is received by the date of receipt if party for whom it is intended. Any party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during giving the normal business hours of such party as provided other parties notice in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daymanner herein set forth.

Appears in 2 contracts

Sources: Guaranty Agreement (Ascent Pediatrics Inc), Guaranty Agreement (Alpharma Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, Bermuda, Attention: Chief Financial Officer, with a copy to ▇▇▇▇▇ ▇▇▇▇▇▇, Esq., ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇ ▇▇ ▇▇▇ ▇▇▇) ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Bank Loan Syndications Department; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 2 contracts

Sources: 364 Day Credit Agreement (Platinum Underwriters Holdings LTD), Credit Agreement (Platinum Underwriters Holdings LTD)

Notices, Etc. Unless specifically provided otherwise in this AgreementAll statements, all requests, notices and other communications provided for agreements hereunder shall be in writing writing, and: (including facsimilea) and if to the Underwriters, shall be delivered by hand or overnight courier service, mailed or sent by facsimilemail, if telex or facsimile transmission to ▇▇▇▇▇▇ Brothers Inc., Three World Financial Center, New York, New York 10285, Attention: Syndicate Department (Fax: ▇▇▇-▇▇▇-▇▇▇▇), with a copy, in the case of any notice pursuant to Section 8(c), to the BorrowerDirector of Litigation, to it in care Office of FE at its address at the General Counsel, ▇▇▇▇▇▇ Brothers Inc., Three World ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5▇▇ ▇▇▇▇▇; provided, Floor 1however, Newarkthat any notice to an Underwriter pursuant to Section 8(c) shall be delivered or sent by mail, DE 19713-2105telex or facsimile transmission to such Underwriter at its address set forth in its acceptance telex to the Representatives, which address will be supplied to any other party hereto by the Representatives upon request. (b) if to the Company, shall be delivered or sent by mail, telex or facsimile transmission to the address of the Company set forth in the Registration Statement, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone▇ (Fax: +▇(▇▇▇)-▇-▇▇▇-▇▇▇▇). (c) if to any Selling Shareholder, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ shall be delivered or sent by mail, telex or facsimile transmission to the address of such Shareholder set forth on Schedule 2 hereto. Any such statements, requests, notices or agreements shall take effect at the time of receipt thereof. The Company and the Selling Shareholders shall be entitled to act and rely upon any request, consent, notice or agreement given or made on behalf of the Underwriters by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇Brothers Inc. on behalf of the Representatives; if to any Fronting Bank identified on Schedule II hereto, at and the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as Underwriters and the Company shall be designated entitled to act and rely upon any request, consent, notice or agreement given or made on behalf of any Selling Shareholder by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, any or all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Dayattorneys-in-fact for such Selling Shareholder.

Appears in 2 contracts

Sources: Underwriting Agreement (Given Imaging LTD), Underwriting Agreement (Given Imaging LTD)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier or telegraphic communication) and mailed, telecopied, telegraphed or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the Company or any other Borrower, to it in care of FE at its the Company's address at Susquehanna Commerce Center, 221 West Philadelphia Stree, ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, h a copy to Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat Two Penns Way, JPMorgan Chase BankNew Castle, N.A., ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇ ▇▇▇▇ications Department; or, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankCompany or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iv) shall be delivered to the other notice requirements of this Agreement, all notices and communications given Agent as specified in Section 9.02(b) or as otherwise specified to any party hereto in accordance with Borrower by the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Agent. If All such notices and communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(i)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at oploanswebadmin@citigroup.c▇▇. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇he Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Company, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the "Communications") available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the "Platform"). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are received after confidentiality and other risks associated with such distribution, (ii) the normal business hours Platform is provided "as is" and "as available" and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the next sentence) (a "Notice") specifying that any Communications have been posted to the Platform shall constitute effective delivery of such partyinformation, receipt documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall be deemed to have been given upon the opening deliver a copy of the recipient’s next Business DayCommunications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender's e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.

Appears in 1 contract

Sources: Credit Agreement (Dentsply International Inc /De/)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier communication) and delivered mailed, telecopied or delivered, or (y) to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), by hand or overnight courier serviceelectronic mail (in .PDF form) (“Email”), mailed or sent by facsimileconfirmed reasonably promptly thereafter in writing, if to any Borrower party hereto on the BorrowerClosing Date, to it in care at the address of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇such Person set forth on the signature pages hereto; if to any BankAdditional Borrower, to such Person at the address specified therefor in the applicable Borrower Accession Agreement; if to any Initial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender, as the case may be; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at T▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇; or, Phone: +▇as to any Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to each of the Borrowers and the Agent; provided, that Notices of Revolving Credit Borrowing, Notices of Competitive Bid Borrowing and materials delivered pursuant to Section 5.01(d)(i) and (▇▇▇)-▇▇▇-d)(iii) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to P&G by the Agent. All such notices and communications shall, when mailed, telecopied or Emailed, be effective when deposited in the mails, telecopied or confirmed by Email, respectively, except that notices and communications to the Agent pursuant to Article II or III shall not be effective until received by the Agent. Delivery by telecopier or facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or any other Loan Document or of any Exhibit hereto or thereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) Notices of Revolving Credit Borrowing, Notices of Competitive Bid Borrowing and materials required to be delivered pursuant to Section 5.01(d)(i) and (d)(iii) may be delivered to the Agent in an electronic medium in a format acceptable to the Agent by Email at o▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if , or such other email address as the Agent shall specify in writing to any Fronting Bank identified on Schedule II heretoeach of the Borrowers. Each of the Borrowers agrees that the Agent may make such materials, at the address specified opposite its name on Schedule II hereto; if to as well as any other Fronting Bankwritten information, at documents, instruments and other material relating to each of the Borrowers, any of its Subsidiaries or any other materials or matters relating to this Agreement, any of the other Loan Documents or any of the transactions contemplated hereby or thereby (collectively, the “Communications”) available to the Lenders by posting such address notices on Intralinks or a substantially similar electronic system reasonably approved by P&G (the “Platform”). Although the primary web portal is secured with a dual firewall and a User ID/Password Authorization System and the Platform is secured through a single user per deal authorization method whereby each user may access the Platform only on a deal-by-deal basis, each of the Borrowers acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there may be confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as shall be designated is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by such Fronting Bank the Agent or any of its Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given . Each Lender agrees (i) to any notify the Agent in writing of such Lender’s Email address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective Email address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayEmail address.

Appears in 1 contract

Sources: Revolving Credit Agreement (Procter & Gamble Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or telex communication) and mailed, telegraphed, telecopied, telexed or delivered by hand or an overnight courier service, mailed or sent by facsimileof nationally recognized standing, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: TreasurerChief Financial Officer and General Counsel, Facsimile: telecopier number (▇▇▇) ▇▇▇-▇▇▇▇; if to any Initial Lender or any Initial Issuing Bank, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Administrative AgentBNP, at its address at, JPMorgan Chase Bank, N.A., at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Structured Finance Group, telecopier number (▇▇▇) ▇▇▇-▇▇▇▇; and if to NationsBank, at its address at ▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, EmailAttention: Health Care Finance Group, telecopier number (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to NationsBank, N.A., ▇▇▇ ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇NationsBank Corporate Center, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇, @▇▇▇▇▇, Attention: Health Care Finance Group, telecopier number (▇▇▇.) ▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties-▇▇▇▇; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telegraphed, telecopied, telexed or sent by courier, be effective when deposited in the mails, delivered to the telegraph company, transmitted by telecopier, confirmed by telex answerback or delivered to the overnight courier, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VIII shall not be effective until received after by the normal business hours Administrative Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Mediq Inc)

Notices, Etc. Unless specifically TO TRUSTEE, COMPANY OR GUARANTOR. Any request, demand, authorization, direction, notice, consent, election, waiver or Act of Holders or other document provided or permitted by this Indenture to be made upon, given or furnished to, or filed with, the Trustee by any Holder or by the Company or the Guarantor, or the Company or the Guarantor by the Trustee or by any Holder, shall be sufficient for every purpose hereunder (unless otherwise in this Agreement, all notices and other communications expressly provided for hereunder herein) if the same shall be in writing (including facsimile) and delivered personally to an officer or other responsible employee of such party, or transmitted by hand facsimile transmission, telex or overnight courier service, mailed or sent by facsimile, if other direct written electronic means to the Borrowertelephone number or other electronic communications address set forth for such party below or otherwise as such party shall from time to time designate, or transmitted by registered mail, charges prepaid, to it in care the applicable address set forth for such party below or to such other address as such party may from time to time designate: If to the Trustee, to: The First National Bank of FE at its address at Chicago ▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Corporate Trust Administration Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Company, to: DQE Capital Corporation ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Treasurer Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Guarantor, to: DQE, Inc. ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇Coraopolis, PhonePennsylvania 15108-3189 Attention: +▇Treasurer Telephone: (▇▇▇)-) ▇▇▇-▇▇▇▇, Email▇ Facsimile: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement 412) Any communication contemplated herein shall be deemed to have been given made, given, furnished and filed if personally delivered, on the date of receipt delivery, if transmitted by facsimile transmission, telex or other direct written electronic means, on the date of transmission, and if transmitted by registered mail, on the date of receipt. The Trustee shall promptly deliver to the Guarantor a copy of any such communication delivered by hand or overnight courier service, mailed or sent by facsimile the Trustee to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayCompany.

Appears in 1 contract

Sources: Indenture (Dqe Capital Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for ---------------- hereunder shall be in writing (including facsimiletelecopier communication) and mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimilecourier, if to the Borrower, to it in care of FE at its address at ▇ ▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (W. ▇▇▇) ▇ ▇▇▇▇▇▇ (fax no. ▇▇▇ ▇▇▇-▇▇▇▇), with a copy to its Secretary (fax no. 781 ▇▇▇-▇▇▇▇); if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇), with a copy to ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇▇ ▇. ▇▇▇▇▇▇▇ (fax no. ▇▇▇ ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties); or, as to each partythe Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties. Subject parties and, as to each Lender, at such other address as shall be designated by such Lender in a written notice to the other notice requirements of this Agreement, all notices Borrower and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Agent. If All such notices and communications are received after the normal business hours of such party, receipt to any Person shall be deemed effective (a) when actually delivered in fully legible form to have been given upon such Person or (b) five days after being deposited in the opening United States mails, with first class postage prepaid and registered or certified, provided that notices and -------- communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent, and provided, further, that notices and -------- ------- communications to any Person required to be provided hereunder within five Business Days shall only be made by hand or via telecopy or courier. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the recipient’s next Business DayNotes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Genuity Inc)

Notices, Etc. Unless specifically (a) On and after the Assumption Date, Credit Acceptance hereby agrees to provide to the Backup Servicer all notices required to be provided otherwise in this Agreementto the Servicer pursuant to the Loan Agreement and the other Transaction Documents, as well as a hard copy sent by a nationally recognized courier service with item tracking capability. (b) Except where telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be in writing and shall be sent electronically or by facsimile transmission with a confirmation of the receipt thereof and shall be deemed to be given for purposes of this Agreement on the day that the receipt of such facsimile transmission is confirmed in accordance with the provisions of this Section 5.1. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section, notices, demands, instructions (including facsimilepayment instructions) and delivered other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses and accounts indicated below, and, in the case of telephonic instructions or notices, by hand calling the telephone number or overnight courier service, mailed or sent by facsimile, if numbers indicated for such party below: If to the Borrower, to it in care of FE at its address at : CAC Warehouse Funding LLC V Silver Triangle Building ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ (ext. 4432) Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Servicer: Credit Acceptance Corporation Silver Triangle Building ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ (ext. 4432) Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Collateral Agent: Fifth Third Bank ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Confirmation No: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Deal Agent: Fifth Third Bank ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: Treasurer▇▇▇▇▇ ▇▇▇▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Confirmation No: (▇▇▇) ▇▇▇-▇▇▇▇ If to the Backup Servicer: Systems & Services Technologies, Inc. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ St. ▇▇▇▇▇▇, MO 64503 Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇, President, ▇▇▇▇▇▇ ▇▇▇▇, EVP/General Counsel Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇with a copy to: NCO Group, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone▇ Attn: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Day.EVP/General Counsel

Appears in 1 contract

Sources: Backup Servicing Agreement (Credit Acceptance Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at 1235▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention▇▇tention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat 2 Pe▇▇'▇ ▇▇▇, JPMorgan Chase Bank, N.A.▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇tention: Pia Saenganan with a copy to Citicorp Securities, Inc., 1200 Smit▇ 46 51 Street, Suite 2000, Hous▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇, Phonetention: +Davi▇ (▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if , as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Columbia Energy Group)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇, ▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇; or, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Detroit Edison Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimilefacsimile communication) and mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the Company or any other Borrower, to it (or in care of FE of) the Company, at its address at ▇▇ ▇1114 Avenue of the Americas, New York, New York 10036, Attention: Se▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: ▇▇▇▇ (▇▇▇) ▇ ▇ ▇▇▇-▇ ▇▇ ▇▇▇▇▇ same address to the Senior Vice President and General Counsel); if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat Two Penns Way, JPMorgan Chase BankNew Castle, N.A.Delaware 19720, Attention: Bank Loan Synd▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇; ▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at y or the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAgent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(h)(i), (ii) or (iv) shall be delivered to the other notice requirements of this Agreement, all notices and communications given Agent as specified in Section 9.02(b) or as otherwise specified to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on applicable Borrower by the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Agent. If All such notices and communications shall, when mailed, telecopied or e-mailed, be effective when deposited in the mails, telecopied or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Sections 5.01(h)(i), (ii) and (iv) may be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at oploanswebadmin@citigroup.com. Each Borrower agrees that the Agent m▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇ll as any other written information, documents, instruments and other material relating to such Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, any Notes or any of the transactions contemplated hereby (collectively, the "Communications") available to the Lenders by posting such notices on Intralinks (the "Platform"). Each Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are received after confidentiality and other risks associated with such distribution, (ii) the normal business hours Platform is provided "as is" and "as available" and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the next sentence) (a "Notice") specifying that any Communications have been posted to the Platform shall constitute effective delivery of such partyinformation, receipt documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall be deemed to have been given upon the opening deliver a copy of the recipient’s next Business DayCommunications to such Lender by e-mail or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender's e-mail address or addresses to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address(es) for such Lender) and (ii) that any Notice may be sent to such e-mail address or addresses.

Appears in 1 contract

Sources: Credit Agreement (Interpublic Group of Companies Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelex, facsimile or similar communication) and delivered by hand mailed (return receipt requested) or overnight courier service, mailed or sent by facsimiledelivered, if to any Initial Borrower or to any Designated Subsidiary, at the Borrower, to it in care of FE at its Company's address at 2500 ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇tention: Treasury Services; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., at 3rd ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇se, 68 M▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ tention: Loans Agency Department; and ▇▇if to the US Sub-Agent, at its address at One ▇▇▇▇▇ ▇▇▇▇▇▇, Phone: +▇(▇▇)-▇▇▇-▇▇▇▇, Email▇▇▇▇ ▇, L▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇tention: Mr. Matt▇▇▇ ▇▇▇▇▇▇▇., ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇nk Loan Syndication Department; if or, as to any Fronting Bank identified on Schedule II hereto, at Borrower or the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAgent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Agent. Subject to the other notice requirements of this Agreement, all All such notices and communications shall be effective (i) if given by telex, when such telex is transmitted to the applicable telex number and the appropriate answerback is received, (ii) if given by facsimile, when such facsimile is transmitted to the applicable facsimile number and telephonic confirmation is received, (iii) if given by mail, five Business Days after such communication is deposited in the mails with first class postage prepaid addressed as aforesaid or (iv) if given by any party hereto other means, when delivered at the appropriate address, except that notices and communications to the Agent or the US Sub-Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Any notice, request or other communication given by facsimile shall also be given by personal delivery or by mail, but such notice, request or other communication given by facsimile shall be effective as set forth in accordance with the provisions clause (ii) above. Delivery by facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed effective as delivery of a manually executed counterpart thereof. (b) Notwithstanding anything to have been given on the date contrary contained in this Agreement or any Note, (i) any notice to the Borrowers or to any one of receipt if them required under this Agreement or any such Note that is delivered to the Company shall constitute effective notice to the Borrowers or to any such Borrower, including the Company and (ii) any Notice of Borrowing may be delivered by hand any Borrower or overnight courier serviceby the Company, mailed or sent by facsimile on behalf of any other Borrower. Each Initial Borrower (other than the Company) and each Designated Subsidiary hereby irrevocably appoints the Company as its authorized agent to such party receive and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given deliver notices in accordance with this Section 8.02. If 9.02, and hereby irrevocably agrees that (A) in the case of clause (i) of the immediately preceding sentence, the failure of the Company to give any notice referred to therein to any such notices and communications are received after Initial Borrower or any such Designated Subsidiary, as the normal business hours case may be, to which such notice applies shall not impair or affect the validity of such partynotice with respect thereto and (B) in the case of clause (ii) of the immediately preceding sentence, receipt the delivery of any such notice by the Company, on behalf of any other Borrower, shall be deemed binding on such other Borrower to have the same extent as if such notice had been given upon the opening of the recipient’s next Business Dayexecuted and delivered directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Coca Cola Enterprises Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including telegraphic, telecopy, facsimile, or e-mail communication) and delivered by hand mailed, telegraphed, telecopied, telexed, faxed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Treasurer (Facsimile No. (▇▇▇) ▇▇▇-▇▇▇▇), with a copy to the Chief Financial Officer (Facsimile No. (▇▇▇) ▇▇▇-▇▇▇▇), and, those notices and other communications which are permitted under Section 5.03 to be provided for on the Borrower’s website on the Internet, shall be posted at the website address: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-us; if to any Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender Party; if to the Administrative Agent, at its address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇-▇▇▇▇, Attention: Treasurer, Facsimile: ▇▇▇▇▇ ▇▇▇▇▇▇▇ (Telephone No. (▇▇▇) ▇▇▇-▇▇▇▇; if , Facsimile No. (▇▇▇) ▇▇▇-▇▇▇▇ and Email Address: ▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇), with copy to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.Agency Management, ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Mail Code: NY3-222-14-03, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(Telephone No. (▇▇▇)-) ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇Facsimile No. (▇▇▇)-) ▇▇▇-▇▇▇▇, Email▇ and Email Address: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties); or, as to each any party, at such other address as shall be designated by such party in a written notice to the other parties. Subject All such notices and other communications shall, when mailed, telegraphed, telecopied, telexed, faxed or E-mailed, be effective when deposited in the mails, delivered to the other notice requirements of this Agreementtelegraph company, all transmitted by telecopier or facsimile or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by such Agent, and that notices and communications not given to any party hereto in accordance with during normal business hours for the provisions of this Agreement recipient shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon at the opening of business on the next Business Day for the recipient’s next Business Day. Delivery by facsimile or other form of electronic communication of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibits hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Kansas City Southern)

Notices, Etc. Unless specifically Except as otherwise expressly provided otherwise in this Agreementherein, all notices and other communications provided for hereunder under the Loan Documents shall be in writing (including facsimilefacsimile communication) and delivered by hand or overnight courier servicemailed, mailed or sent by facsimile, facsimile or hand delivered: (i) if to the Borrower, to it in care of FE NUSCO at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Assistant Treasurer, Facsimilefacsimile number: (▇▇▇) ▇▇▇-▇▇▇▇, confirm number: expressly (▇▇▇) ▇▇▇-▇▇▇▇; (ii) if to any Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; (iii) if to any Lender other than a Bank, at its Domestic Lending Office specified in the Lender Assignment pursuant to which it became a Lender; (iv) if to the Administrative Agent, at its address at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Los Angeles, California 90071, Attention: ▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Energy Capital Services, facsimile number: (▇▇▇) ▇▇▇-▇▇▇▇, confirm number: (▇▇▇) ▇▇▇-▇▇▇▇; and (v) if to any the Fronting Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, address at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇, ▇▇▇▇▇ ▇▇▇▇, NCC5▇▇▇▇▇▇▇, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, EmailAttention: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Phonefacsimile number: +▇(312) 954-1767, confirm number: (▇▇▇)-) ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; . or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, sent by facsimile or hand delivered, be effective five days after when deposited in the mails, or when sent by facsimile, or when delivered, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III, IV or IX shall not be effective until received after by the normal business hours Administrative Agent. With respect to any telephone notice given or received by the Administrative Agent pursuant to Section 3.03 hereof, the records of such party, receipt the Administrative Agent shall be deemed to have been given upon the opening of the recipient’s next Business Dayconclusive for all purposes.

Appears in 1 contract

Sources: Credit Agreement (Northeast Utilities System)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimilewhich includes electronic medium and facsimile communication) and mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: Senior Vice President of Finance and Treasurer (▇▇▇) ▇▇▇-▇▇▇▇with a copy at the same address to the Senior Vice President and General Counsel); if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat Building #3, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5New Castle, Floor 1, Newark, DE 19713-2105Delaware 19720, Attention: Bank Loan Syndications Department, email for Notice of Issuance, Notice of Borrowing: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(h) shall be delivered to the other notice requirements of this Agreement, all notices and communications given to any party hereto Agent as specified in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.029.02(b). If All such notices and communications shall, when mailed, telecopied or e-mailed, be effective when deposited in the mails, telecopied or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II or III shall not be effective until received by the Agent. Delivery by electronic medium or facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) Materials required to be delivered pursuant to Section 5.01(h) may be delivered to the Agent in an electronic medium in a format acceptable to the Agent by e-mail at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ (or any other one e-mail address designated by the Agent from time to time) or physical form, provided that, to the extent so provided in the last paragraph of Section 5.01(h), the Agent shall have the right to request that copies of the compliance certificates required to be delivered pursuant to clauses (i) and (ii), as applicable, of Section 5.01(h) be delivered in physical form, in which case the Borrower shall cause the same to be delivered to the Agent (and not the Lenders) as soon as reasonably practicable. For the avoidance of doubt, the Borrower shall not be required to deliver any Communications to the Lenders. The Borrower agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, any Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on a password protected internet website such as Intralinks (the “Platform”). The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are received after confidentiality and other risks associated with such distribution, (ii) the normal business hours Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such partyinformation, receipt documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent (and not the Borrower) shall be deemed to have been given upon the opening deliver a copy of the recipientCommunications to such Lender in writing. Each Lender agrees (i) to notify the Agent in writing of such Lender’s next Business Daye-mail address or addresses to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address(es) for such Lender) and (ii) that any Notice may be sent to such e-mail address or addresses.

Appears in 1 contract

Sources: Credit Agreement (Interpublic Group of Companies, Inc.)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Company or any other Borrower, to it (or in care of FE of) the Company, at its address at 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: Vice President and Treasurer (▇▇▇) ▇▇▇-▇▇▇▇with a copy at the same address to the Senior Vice President and General Counsel); if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at T▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Bank Loan Syndications Department; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankCompany or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Interpublic Group of Companies Inc)

Notices, Etc. Unless specifically Any Agent, any Bank, or the holder of any Loan or Note giving consent or notice or making any request of the Company provided otherwise in this Agreementfor hereunder, all notices shall notify each Bank and the Administrative Agent thereof. In the event that the holder of any Loan or Note (including any Bank) shall transfer such Loan or Note, it shall promptly so advise the Administrative Agent which shall be entitled to assume conclusively that no transfer of any Loan or Note has been made by any holder (including any Bank) unless and until such Agent receives written notice to the contrary. Notices, consents, requests, approvals, demands, and other communications (collectively “Communications”) provided for hereunder herein shall be in writing (including facsimiletelecopy Communications) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimile, if delivered: (a) If to the BorrowerCompany, to it in care of FE at its address at at: Southwest Airlines Co. ▇.▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇ (b) If to the Administrative Agent, to it at: JPMorgan Chase Bank Loan and Agency Service ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Attention: Treasurer, Facsimile▇▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ; if ▇▇▇▇▇▇▇ ▇▇▇▇ with a copy to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any (other Lender, at its Applicable Lending Office specified than in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, case of funding matters): JPMorgan Chase Bank, N.A.N.A. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇ (▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if c) If to any Fronting Bank identified or any other Agent, as specified on Schedule II heretoI hereto or, at in the case of any party, such other address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at or telecopy number as such address as shall be designated party may hereafter specify for such purpose by such Fronting Bank in a written notice to the other parties; or. All Communications shall, as to each partywhen mailed, at such other address as telecopied or delivered, be effective and shall be deemed to have been duly given when sent by telecopier to any party or the telecopier number as set forth herein or on the signature pages hereof (or other telecopy number designated by such party in a written notice to the other parties. Subject parties hereto), or five days after being mailed to the address as set forth herein (or such other address designated by such party in a written notice to the other notice requirements of this Agreementparties hereto) respectively, all notices and communications given or when delivered to such address; provided, however, Communications to any party hereto in accordance with the provisions of this Agreement Agent pursuant to Article II or Article VIII shall not be deemed to have been given on the date of receipt if delivered effective until received by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAgent.

Appears in 1 contract

Sources: Competitive Advance and Revolving Credit Facility Agreement (Southwest Airlines Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder and under the other Loan Documents shall be in writing (including telegraphic, facsimile, telex or cable communication) and delivered by hand mailed, telegraphed, telecopied, telexed, cabled or overnight courier servicedelivered, mailed or sent by facsimile, (vii) if to the Borrower, at its address at Fairlane Plaza South, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇. Sturdy, Esq., Assistant General Counsel, with a copy to ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Vice President and Treasurer, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇; (i) if to any Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; (ii) if to any Lender other than a Bank, at its Domestic Lending Office specified in the Lender Assignment pursuant to which it in care of FE became a Lender; (iii) if to the Operational Agent, at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 15th Floor, Los Angeles, California 90071, Attention: Utilities Department Head; and (iv) if to the Documentation Agent, at its address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other partiesUtilities Department Head; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telegraphed, telecopied, telexed or cabled, be effective five days after when deposited in the mails, or when delivered to the telegraph company, telecopied, confirmed by telex answerback or delivered to the cable company, respectively, except that notices and communications to any Agent pursuant to Article II, III, or IX shall not be effective until received after the normal business hours of by such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAgent.

Appears in 1 contract

Sources: Term Loan Agreement (CMS Energy Corp)

Notices, Etc. Unless specifically (a) The Administrative Agent, any Issuing Bank, any Lender or the holder of any of the Obligations, giving consent or notice or making any request of the Company provided otherwise for hereunder, shall notify each Lender (in this Agreementthe case of the Administrative Agent and each Issuing Bank) and the Administrative Agent (in the case of a Lender or an Issuing Bank) thereof. In the event that the holder of any of the Obligations (including any Lender) shall transfer such Obligations, all it shall promptly so advise the Administrative Agent which shall be entitled to assume conclusively that no transfer of any Note or of any of the Obligations has been made by any holder (including any Lender) unless and until the Administrative Agent receives notice to the contrary. (b) Except with respect to notices and other communications expressly permitted to be given by telephone, all notices, consents, requests, approvals, demands and other communications (collectively “Communications”) provided for hereunder herein shall be in writing (including facsimilefacsimile and electronic mail Communications) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimile, delivered: (i) if to the BorrowerCompany, to it in care of FE at its address at at: 5▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇ Attention: D▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile▇ Telecopy No: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; ; (ii) if to the Administrative Agent, at its address to it at, JPMorgan Chase Bank, N.A.: The Royal Bank of Scotland plc 1▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: J▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, AttentionTelecopy No.: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-) ▇▇▇-▇▇▇▇, Email▇ E-mail: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.g▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; (iii) if to any other Fronting Lender or to any Issuing Bank, to it at such its address as shall be designated (or telecopy number) set forth in the Administrative Questionnaire delivered by such Fronting Bank Person to the Administrative Agent or in a written the Assignment and Assumption executed by such Person; or, in the case of any party hereto, such other address or telecopy number as such party may hereafter specify for such purpose by notice to the other parties; or, as to each party, at such . (c) Any party hereto may change its address or telecopy number for notices and other address as shall be designated communications hereunder by such party in a written notice to the other partiesparties hereto. Subject to the other notice requirements of this Agreement, all All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered receipt. Notices sent by hand or overnight courier service, or mailed by certified or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such partyregistered mail, receipt shall be deemed to have been given upon when received; notices sent by telecopier shall be deemed to have been given when sent if a confirmation has been received and, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day for the recipient’s next Business Day. Notices delivered through electronic communications to the extent provided in paragraph (d) below, shall be effective as provided in said paragraph (d).

Appears in 1 contract

Sources: Credit Agreement (Energy Transfer Partners, L.P.)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier or telegraphic communication) and delivered by hand mailed, telecopied, telegraphed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5▇▇▇▇▇▇▇, Floor 1▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Newark, DE 19713fax number ▇▇▇-2105▇▇▇-▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Treasury, Structured Finance; if to any Initial Lender or Initial Issuing Bank, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in its Administrative Questionnaire or the Assignment and Acceptance pursuant to which it became a Lender, as the case may be; and if to the Agent, at its address at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, OPS III, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(fax number ▇▇▇)-▇▇▇-▇▇▇▇, EmailAttention: Global Loans Department, email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this AgreementNotices sent by hand or overnight courier service, all notices and communications given to any party hereto in accordance with the provisions of this Agreement or mailed by certified or registered mail, shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or when received; notices sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through electronic communications, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). Delivery by telecopier or other electronic communication of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Agent, provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Agent that it is incapable of receiving notices under such Article 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 their written acknowledgment), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business DayDay for the recipient, 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.

Appears in 1 contract

Sources: Credit Agreement (Spectra Energy Partners, LP)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed (return receipt requested), telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the BorrowerCompany or to any Designated Subsidiary, to it in care of FE at its the Company's address at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇, Attention: Assistant Treasurer; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Bank Loan Syndications Department, with a copy to ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇; or, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at Borrower or the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAgent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Honeywell International Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier or telegraphic communication) and delivered by hand mailed, telecopied, telegraphed or overnight courier service, mailed or sent by facsimiledelivered, if to Parent or the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5▇▇▇▇▇▇▇, Floor 1▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Newark, DE 19713fax number ▇▇▇-2105▇▇▇-▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Treasury, Structured Finance; if to any Initial Lender, at its Domestic Lending Office specified in its Administrative Questionnaire; if to any other Lender, at its Domestic Lending Office specified in the Accession Agreement or Assignment and Acceptance, as applicable, pursuant to which it became a Lender; and if to the Agent, (i) with respect to Notice of Borrowing, notice of Conversion or continuation and notices of prepayment, at its address at ▇▇▇ ▇▇▇▇ ▇▇., ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, fax number ▇▇▇-▇▇▇-▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇, email: ▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇.▇▇▇, and (ii) with respect to all other notices, at its address at ▇▇▇ ▇▇▇▇ ▇▇., ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, fax number ▇▇▇-▇▇▇-▇▇▇▇, Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Emailemail: ▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇.▇▇▇, with a copy to fax number ▇▇▇-▇▇▇-▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, email: ▇▇▇▇▇▇.▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each partyParent or the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other partiesparties and, as to each other party, at such other address as shall be designated by such party in a written notice to Parent or the Borrower and the Agent. Subject to the other notice requirements of this AgreementNotices sent by hand or overnight courier service, all notices and communications given to any party hereto in accordance with the provisions of this Agreement or mailed by certified or registered mail, shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or when received; notices sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient). Notices delivered through electronic communications, to the extent provided in paragraph (b) below, shall be effective as provided in said paragraph (b). Delivery by telecopier or other electronic communication of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) Notices and other communications to the Lenders hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by the Agent, provided that the foregoing shall not apply to notices to any Lender pursuant to Article II if such Lender has notified the Agent that it is incapable of receiving notices under such Article 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 their written acknowledgment), provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business DayDay for the recipient, 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.

Appears in 1 contract

Sources: Credit Agreement (Spectra Energy Corp.)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including telegraphic, telecopy, facsimile, or e-mail communication) and delivered by hand mailed, telegraphed, telecopied, telexed, faxed or overnight courier service, mailed or sent by facsimiledelivered, if to Parent or the Borrower, to it in care of FE at its address at P.▇ ▇▇▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: Treasurer, Facsimile: Senior Vice President-Finance and Treasurer (Facsimile No. (▇▇▇) ▇▇▇-▇▇▇▇; ), with a copy to the Executive Vice President and Chief Financial Officer (Facsimile No. (▇▇▇) ▇▇▇-▇▇▇▇), if to any BankInitial Lender Party, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Administrative Collateral Agent, at its address at, JPMorgan Chase Bank, N.A., ▇at 6▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-[Eudia S▇▇▇▇], EmailE-mail Address: e▇▇▇▇_▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II heretothe Administrative Agent, at the its address specified opposite its name on Schedule II hereto; if to any other Fronting Bankat 6▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, at such address as shall be designated by such Fronting Bank in a written notice to the other parties▇.▇., ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: [Eudia S▇▇▇▇], E-mail Address: e▇▇▇▇_▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇; or, as to each any party, at such other address as shall be designated by such party in a written notice to the other parties. Subject All such notices and other communications shall, when mailed, telegraphed, telecopied, telexed, faxed or E-mailed, be effective when deposited in the mails, delivered to the other notice requirements of this Agreementtelegraph company, all transmitted by telecopier or facsimile or confirmed by telex answerback, respectively, except that notices and communications given to any party hereto in accordance with the provisions Agent pursuant to Article II, III or VII shall not be effective until received by such Agent. Delivery by facsimile or other form of electronic communication of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given on the date effective as delivery of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Dayan original executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Kansas City Southern)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier communication) and mailed, telecopied or delivered by hand or overnight courier service(y) electronically, mailed or sent by facsimileto the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the BorrowerBorrower or the Guarantor, to it in care of FE at its their address at 611 Olive, St. Louis, Missouri 63101, Attention: ▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ies to the Treasurer and Secretary at the same address; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat Two Penns Way, JPMorgan Chase BankNew Castle, N.A.Delaware 19720, Atte▇▇▇▇▇: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇; ▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(h)(i), (ii) or (iv) shall be delivered to the other notice requirements of this Agreement, all notices and communications given Agent as specified in Section 9.02(b) or as otherwise specified to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on Borrower by the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Agent. If All such notices and communications shall, when mailed, telecopied, or e-mailed, be effective when deposited in the mails, telecopied, or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(h)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at oploanswebadmin@citigroup.com. The Borrower agrees ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ such materials (the "Communications") available to the Lenders by posting such notices on Intralinks, "e-Disclosure", the Agent's internet delivery system that is part of Fixed Income Direct, Global Fixed Income's primary web portal, or a substantially similar electronic system (the "Platform"). The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are received after confidentiality and other risks associated with such distribution, (ii) the normal business hours Platform is provided "as is" and "as available" and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the next sentence) (a "Notice") specifying that any Communications have been posted to the Platform shall constitute effective delivery of such partyinformation, receipt documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall be deemed to have been given upon the opening deliver a copy of the recipient’s next Business DayCommunications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender's e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address. (e) Section 9.08 is amended by adding to the end thereof a new sentence to read as follows: Notwithstanding anything herein to the contrary, the Borrower, the Guarantor, the Agent, each Lender, Citigroup Global Markets Inc. (formerly known as Salomon Smith Barney Inc.) and J.P. Morgan Secu▇▇▇▇▇▇ ▇▇▇. (a▇▇ ▇▇▇h employee, ▇▇▇▇▇▇▇▇▇▇tive or other agent of each of the foregoing parties) may disclose to any and all Persons, without limitation of any kind, the U.S. tax treatment and tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to any of the foregoing parties relating to such U.S. tax treatment and tax structure.

Appears in 1 contract

Sources: Five Year Credit Agreement (May Department Stores Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimilee-mail or telecopier communication) and mailed, e-mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the any Borrower, to it in care of FE the Company at its address at 7▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ Road, Purchase, New York 10577, Attention: Assistant Treasurer, E-Mail: P▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇, Attention: Treasurerwith a copy to General Counsel, Facsimile: Telecopier No. (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite set forth in its name on Schedule I heretoAdministrative Questionnaire; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ the Agent’s Address; and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II heretothe Sub-Agent, at the address specified opposite its name on Schedule II heretoSub-Agent’s Address; if or, as to any other Fronting Bankthe Company, the Agent or the Sub-Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(d) shall be delivered to the other notice requirements Agent as specified in the last sentence of this Agreement, all Section 5.01(d). All such notices and communications given to any party hereto in accordance with the provisions of this Agreement mailed or sent by hand or overnight courier service shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such when received; notices and communications are received after the normal business hours of such party, receipt sent by e-mail or telecopier shall be deemed to have been given upon when sent (except that, if not received during normal business hours for the recipient, shall be deemed to have been received at the opening of business on the next business day for the recipient). The Company and the Agent may agree to accept notice and other communications by electronic means pursuant to procedures approved by both parties. (b) The Company agrees that the Agent may make any written information, documents, instruments and other written materials that have been provided to the Agent pursuant to the terms hereof (collectively, the “Communications”) available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform. (c) Each L▇▇▇▇▇ agrees that notice to it (as provided in the next sentence) (a “Notice”) received by it during its normal business hours specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to such Lender by e-mail or telecopier. Each Lender agrees (i) to notify the Agent in writing of such L▇▇▇▇▇’s next Business Daye-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.

Appears in 1 contract

Sources: Credit Agreement (Pepsico Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier communication) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at Computer Sciences Corporation, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇. Level; if to any Bank, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, (A) for all notices and communications relating to borrowings or repayments, including, without limitation, any Notice of Borrowing, Notice of Conversion/Continuation or notice of repayment or prepayment, at its address atat Citicorp USA, JPMorgan Chase BankInc., N.A.c/o Citibank Agency Services, ▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇, and (B) for all other notices and communications at its address at Citicorp USA, Inc., ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇; or, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when personally delivered, mailed or telecopied, be effective when personally delivered, after five (5) days after being deposited in the mails, or confirmed by telecopier, respectively, except that notices and communications to the Agent pursuant to Article II or VII shall not be effective until received after by the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAgent.

Appears in 1 contract

Sources: Credit Agreement (Computer Sciences Corp)

Notices, Etc. Unless specifically Except as otherwise expressly provided otherwise in this Agreement, all notices and other communications provided for hereunder made or required to be given pursuant to this Agreement or the Notes or any Letter of Credit Applications shall be in writing (including facsimile) and shall be delivered by hand or overnight courier servicein hand, mailed by United States registered or certified first class mail, postage prepaid, sent by overnight courier, or sent by facsimiletelegraph, telecopy, facsimile or telex and confirmed by delivery via courier or postal service, addressed as follows: (a) if to the BorrowerCompany, to it in care of FE at its address at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: ▇▇▇▇▇ ▇. ▇. ▇▇▇▇▇▇▇▇▇▇, Senior Vice President and Chief Financial Officer, with a copy to ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Senior Vice President-Corporate Legal Affairs and Secretary, Hasbro, Inc., ▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: or at such other address or addresses for notice as the Company shall last have furnished in writing to the Person giving the notice; (▇▇▇b) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-. ▇-▇▇▇▇, Email: '▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇Director, or such other address for notice as the Agent shall last have furnished in writing to the Person giving the notice; and (▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; c) if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such Bank's address as shall be designated by such Fronting Bank in a written notice to the other parties; orset forth on Schedule 1 hereto, as to each party, at or such other address for notice as such Bank shall be designated by such party have last furnished in a written notice writing to the other partiesPerson giving the notice. Subject to the other Any such notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement or demand shall be deemed to have been duly given on the date of receipt or made and to have become effective (a) if delivered by hand or overnight courier serviceto a responsible officer of the party to which it is directed, mailed or at the time of the receipt thereof by such officer, (b) if sent by registered or certified first-class mail, postage prepaid, when received by a responsible officer or employee of the party to which it is directed, provided that such receipt may be evidenced by return receipt signed by a responsible officer or employee of the party to which it is directed, and (c) if sent by telegraph, telecopy, facsimile to such party and received during or telex, at the time of dispatch thereof, if in normal business hours of such party as provided in this Section 8.02 the state where received or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon otherwise at the opening of business on the recipient’s next Business Day.

Appears in 1 contract

Sources: Revolving Credit Agreement (Hasbro Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to any Loan Party to such Loan Party in case of the Borrower, to it in care of FE Parent at its address at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇-▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇General Counsel; if to any BankInitial Lender, at its Applicable Lending Office specified opposite its name address listed on Schedule I hereto; if to any other Lender, at its Applicable Lending Office address specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative AgentAgent or Security Agent , at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇at ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇; or, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II heretoLoan Party, at to it in care of the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, Parent at such other address of the Parent as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each partyany Lender or Agent, at such other address as shall be designated by such party in a written notice to the other partiesParent and the Administrative Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Administrative Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening as effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Carrier1 International S A)

Notices, Etc. Unless specifically Except as otherwise expressly provided otherwise in this Agreement, all notices notices, demands and other communications provided for hereunder made or required to be given pursuant to this Agreement shall be in writing (including facsimile) and shall be delivered by hand or overnight courier hand, by accepted express mail service, mailed postage prepaid, or sent by facsimiletelex or facsimile transmission and confirmed by letter, addressed as follows: (a) if to the any Borrower, to it in care of FE at its address at c/o BEA Associates, One Citicorp Center, ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PhoneVice President - Fund Administration or at such other address for notice or demand as any Borrower shall last have furnished in writing to the Bank; or (b) if to the Bank, to the address set forth in the preamble of this Agreement, Attention: +▇(▇▇▇)-. ▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II heretoVice President, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, or at such other address for notice as the Bank shall be designated by last have furnished in writing to each Borrower. Any such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement or demand shall be deemed to have been duly given on the date of receipt or made and to have become effective (a) if delivered by hand or overnight courier to a responsible officer of the party to which it is directed, at the time of receipt thereof by such officer, (b) if sent by accepted express mail service, mailed or postage prepaid, one Business Day after posting thereof, and (c) if sent by facsimile to such party and received during transmission or telex, at the normal business hours time of such party as provided in this Section 8.02 receipt of any automatic answer-back or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours other similar acknowledgment of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daythereof.

Appears in 1 contract

Sources: Credit Agreement (RBB Fund Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or cable communication) and delivered by hand mailed, telecopied, telegraphed, cabled or overnight courier service, mailed or sent by facsimiledelivered, if to the any Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimileTelecopy: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankBank (including any Swing Line Lender), at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender (including any Swing Line Lender), at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, at its address atat ▇▇▇ ▇▇▇▇▇ ▇▇▇, JPMorgan Chase Bank, N.A.▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(Bank Loan Syndications; if to CUSA, as a Fronting Bank, as its address at ▇▇▇)-▇▇▇-▇▇▇▇▇ ▇▇▇, Email: ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇▇; if to Barclays, as a Fronting Bank, at its address at ▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇, .▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; and if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or cabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent or the Fronting Banks pursuant to Article II or VII shall not be effective until received after by the normal business hours of such partyAdministrative Agent, receipt shall be deemed to have been given upon the opening of Swing Line Lenders or the recipient’s next Business DayFronting Banks (as the case may be).

Appears in 1 contract

Sources: Credit Agreement (Jersey Central Power & Light Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimilewhich includes electronic medium and facsimile communication) and mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the Company or any other Borrower, to it (or in care of FE of) the Company, at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: Senior Vice President of Finance and Treasurer (▇▇▇) ▇▇▇-▇▇▇▇with a copy at the same address to the Senior Vice President and General Counsel); if to any BankInitial Lender, at its Applicable Lending Office specified opposite its name on Schedule I heretoOffice; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat Building Ops II, JPMorgan Chase Bank, N.A.▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Lending Agency, Emailemail for Notice of Issuance, Notice of Borrowing: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankCompany or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(h) shall be delivered to the other notice requirements of this Agreement, all notices and communications given to any party hereto Agent as specified in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.029.02(b). If All such notices and communications shall, when mailed, telecopied or e-mailed, be effective when deposited in the mails, telecopied or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by electronic medium or facsimile of an executed counterpart of any amendment or waiver of any provision of this Agreement or any Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) Materials required to be delivered pursuant to Section 5.01(h) may be delivered to the Agent in an electronic medium in a format acceptable to the Agent by e-mail at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ (or any other one e-mail address designated by the Agent from time to time) or physical form, provided that, to the extent so provided in the last paragraph of Section 5.01(h), the Agent shall have the right to request that copies of the compliance certificates required to be delivered pursuant to clauses (i) and (ii), as applicable, of Section 5.01(h), be delivered in physical form, in which case the Company shall cause the same to be delivered to the Agent (and not the Lenders) as soon as reasonably practicable. For the avoidance of doubt, the Company shall not be required to deliver any Communications to the Lenders. Each Borrower agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to such Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, any Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such notices on a password protected internet website such as DebtDomain (the “Platform”). Each Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are received after confidentiality and other risks associated with such distribution, (ii) the normal business hours Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its Affiliates in connection with the Platform. (c) Each ▇▇▇▇▇▇ agrees that notice to it (as provided in the next sentence) (a “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such partyinformation, receipt documents or other materials to such Lender for purposes of this Agreement; provided that if requested by any Lender the Agent (and not the Company) shall be deemed to have been given upon the opening deliver a copy of the recipientCommunications to such Lender in writing. Each Lender agrees (i) to notify the Agent in writing of such ▇▇▇▇▇▇’s next Business Daye-mail address or addresses to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address(es) for such Lender) and (ii) that any Notice may be sent to such e-mail address or addresses.

Appears in 1 contract

Sources: Credit Agreement (Interpublic Group of Companies, Inc.)

Notices, Etc. Unless specifically Except as otherwise expressly provided otherwise in this Agreement------------ herein, all notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy, telex or cable communication) and mailed, telegraphed, telecopied, telexed, cabled or delivered by hand or overnight courier service, mailed or sent by facsimile, if as follows: If to the Borrower: Panolam Industries International, to it in care of FE at its address at Inc. ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimilePresident Telecopier: (▇▇▇) ▇▇▇-▇▇▇▇; if ▇ If to any BankInitial Lender: At its address for notices specified on its signature page hereto, or if not so specified, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if hereto If to any other Lender, at : At its Applicable Lending Office address for notices specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; , or if an address for notices is not specified, at its Domestic Lending Office specified in such Assignment and Acceptance If to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇: Credit Suisse First Boston ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone▇ 116 Attention: +▇Syndications Agency Telecopier: (▇▇▇)-) ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject parties (or, in the case of any Lender, as designated in a notice to the other notice requirements of this Agreement, all notices Borrower and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Administrative Agent). If All such notices and communications are shall, when mailed, telegraphed, telecopied, telexed or cabled, be effective when deposited in the mails, delivered to the telegraph company, transmitted by telecopier, confirmed by telex answerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III, IV or VIII shall not be effective until received after by the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAdministrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Panolam Industries Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (a) in writing (including facsimilefacsimile or electronic communication) and delivered by hand or overnight courier servicemailed, mailed or sent by facsimile, emailed or delivered or (y) as and to the extent set forth in Section 9.02(c) and in the proviso to this Section 9.02(a), if to the any Borrower, to it in care at the address of FE at its address the Company at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; , Attention: Treasurer (with a copy to the Company’s legal division at the same address) if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bankat Citibank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇, Bldg #3, New Castle, Delaware 19720, Attention: Bank Loan Syndications Department; or, as to any Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrowers and the Agent, provided, that materials required to be delivered pursuant to Section 5.01(h)(i), (ii) or (iv) shall be delivered to the Agent as specified in Section 9.02(c). All such notices and communications shall, when mailed, sent by facsimile or e-mailed, be effective when deposited in the mails, sent by facsimile or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by facsimile or email of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) Notwithstanding anything to the contrary contained in this Agreement or any Note, (i) any notice to the Borrowers or to any one of them required under this Agreement or any such Note that is delivered to the Company shall constitute effective notice to the Borrowers or to any such Borrower, including the Company and (ii) any Notice of Borrowing or any notice of Conversion delivered pursuant to Section 2.09 may be delivered by any Borrower or by the Company, on behalf of any other Borrower. Each Designated Subsidiary hereby irrevocably appoints the Company as its authorized agent to receive and deliver notices in accordance with this Section 9.02, and hereby irrevocably agrees that (A) in the case of clause (i) of the immediately preceding sentence, the failure of the Company to give any notice referred to therein to any such Designated Subsidiary to which such notice applies shall not impair or affect the validity of such notice with respect thereto and (B) in the case of clause (ii) of the immediately preceding sentence, the delivery of any such notice by the Company, on behalf of any other Borrower, shall be binding on such other Borrower to the same extent as if such notice had been executed and delivered directly by such Borrower. (c) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(h)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format reasonably acceptable to the Agent and the Lenders by e-mail at ▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto. The Company agrees that the Agent may make such materials, at the address specified opposite its name on Schedule II hereto; if to as well as any other Fronting Bankwritten information, at documents, instruments and other material relating to the Company, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such address notices on Intralinks or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as shall be designated is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by such Fronting Bank the Agent or any of its Affiliates in a written connection with the Platform. (d) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement; provided, all notices and communications given that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or facsimile. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 1 contract

Sources: Credit Agreement (LUBRIZOL Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or telex communication) and delivered mailed, telegraphed, telecopied, telexed or delivered, by hand or overnight courier service, mailed services or sent by facsimile, personally served, (a) if to the Borrower, to it in care of FE at its address at : c/▇ ▇▇▇▇▇ Transportation Company ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: ▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Treasurer▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, FacsimileEsq. Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; (b) if to the Administrative Agent, at its address at, JPMorgan Chase : Fleet Bank, N.A., N.A. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: Winston & ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇and Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.. ▇▇▇▇▇▇▇▇▇, Esq. Telephone No.: (@▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇▇▇▇▇.▇▇▇; (c) if to any Fronting Bank identified on Schedule II heretoInitial Lender or the Initial Issuing Bank, at the address its Domestic Lending Office specified opposite its name on Schedule II SCHEDULE I attached hereto; . (d) if to any other Fronting BankLender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender Party; or, as to the Borrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent. Subject All such notices and communications shall, (i) when mailed by certified mail, return receipt requested, be effective three (3) days after mailing, (ii) when telegraphed, telecopied or telexed be effective upon delivery to the other notice requirements telegraph company, upon transmission by telecopier or upon confirmation by telex answerback, (iii) when delivered in person, be effective when delivered, and (iv) when delivered by overnight courier, be effective two (2) Business Days after delivery to the courier properly addressed, except that notices and communications to the Administrative Agent pursuant to Article 2, 3 or 10 shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of this Agreement, all notices and communications given to the Notes or any party other Loan Document or of any Exhibit hereto in accordance with the provisions or thereto or of this Agreement any amendment or waiver of any provision thereof shall be deemed to have been given on the date as effective as delivery of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Moran Transportation Co)

Notices, Etc. Unless specifically provided Except as otherwise in this Agreementset forth herein, all notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telex, telecopy or cable communication) and mailed, telegraphed, telexed, telecopied, cabled or delivered by hand or overnight courier service, mailed or sent by facsimilehand, if to the Subsidiary Borrower, c/o Viacom Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer; if to it in care of FE any Bank, at its Domestic Lending Office specified opposite its name on Schedule I; and if to the Administrative Agent, at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇6, New York, New York 10043, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇; or, NCC5as to the Subsidiary Borrower, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at or the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAdministrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesSubsidiary Borrower and the Administrative Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective when deposited in the mails, delivered to the telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the cable company or delivered by hand to the addressee or its agent, respectively, except that notices and communications to the Administrative Agent pursuant to Article II or IX shall not be effective until received after by the normal business hours of Administrative Agent. The Subsidiary Borrower hereby authorizes Viacom to deliver any written notices or requests contemplated hereunder on its behalf, and each other party hereto may rely upon any such partynotice or request from Viacom from time to time, receipt shall be deemed until notice to have been given upon the opening of contrary is received in writing from the recipient’s next Business DaySubsidiary Borrower.

Appears in 1 contract

Sources: Credit Agreement (Viacom Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the any Borrower, to it in care at the address of FE the Company at its address at ▇▇ ▇Four Coliseum Center, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) Telecopier No. ▇▇▇-▇▇▇-; ▇▇▇ if to any BankLender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(Bank Loan Syndications Department, Telecopier No. ▇▇▇)-▇▇▇-▇▇▇▇; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankCompany or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Agent. Subject to the other notice requirements of this Agreement, all All such notices and communications given shall, when mailed or telecopied, be effective when deposited in the mails or telecopied, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any party hereto in accordance with the provisions amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed effective as delivery of a manually executed counterpart thereof. (b) Notwithstanding anything to have been given on the date contrary contained in this Agreement or any Note, (i) any notice to the Borrowers or to any one of receipt if them required under this Agreement or any such Note that is delivered to the Company shall constitute effective notice to the Borrowers or to any such Borrower, including the Company and (ii) any Notice of Borrowing or any notice of Conversion delivered pursuant to Section 2.09 may be delivered by hand any Borrower or overnight courier serviceby the Company, mailed or sent by facsimile on behalf of any other Borrower. Each Designated Subsidiary hereby irrevocably appoints the Company as its authorized agent to such party receive and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given deliver notices in accordance with this Section 8.02. If 9.02, and hereby irrevocably agrees that (A) in the case of clause (i) of the immediately preceding sentence, the failure of the Company to give any notice referred to therein to any such notices and communications are received after Designated Subsidiary to which such notice applies shall not impair or affect the normal business hours validity of such partynotice with respect thereto and (B) in the case of clause (ii) of the immediately preceding sentence, receipt the delivery of any such notice by the Company, on behalf of any other Borrower, shall be deemed binding on such other Borrower to have the same extent as if such notice had been given upon the opening of the recipient’s next Business Dayexecuted and delivered directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Goodrich Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or telex communication) and delivered by hand mailed, telegraphed, telecopied, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at AMF Bowling Worldwide, Inc., ▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, with a copy to ▇▇▇▇▇▇▇, Sachs & Co., ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Esq.; if to any Initial Lender or any Initial Issuing Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Lender Party; if to the Collateral Agent, at its address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇; and if to the Administrative Agent, at its address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇; or, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent. Subject to the other notice requirements of this Agreement, all All such notices and communications given to any party hereto shall (a) when mailed, be effective three Business Days after the same is deposited in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered mails, (b) when mailed for next day delivery by hand a reputable freight company or reputable overnight courier service, mailed or be effective one Business Day thereafter, and (c) when sent by facsimile to such party and received during telegraph, telecopier or telex, be effective when the normal business hours of such party as provided in this Section 8.02 same is confirmed by telephone, telecopier confirmation or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such return telecopy or telex answerback, respectively, except that notices and communications are to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Administrative Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Amf Bowling Inc)

Notices, Etc. Unless specifically (a) Except as otherwise expressly provided otherwise in this Agreementherein, all notices notices, demands, requests, consents and other communications provided for hereunder in this Agreement shall be given in writing writing, or by any telecommunication device capable of creating a written record (including facsimile) and delivered by hand or overnight courier service, mailed or sent by facsimile, electronic mail): if to the Borrower, to it in care of FE at its the Borrower’s address at ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (telecopy: ▇▇▇-▇▇▇-▇▇▇▇; telephone: ▇▇▇-▇▇▇-▇▇▇▇); if to any Lender, at its Applicable Lending Office specified opposite its name on Schedule II; if to the Administrative Agent, at its address at Standard Chartered Bank, 5th Floor, ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PhoneAttention: Loans and Agency / ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇ (telecopy: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: -▇▇▇▇; telephone: +▇▇(▇)-▇▇▇.-▇▇▇-▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇); if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties hereto and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. (b) All notices, demands, requests, consents and other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto described in accordance with the provisions of this Agreement clause (a) shall be deemed to have been given on the date of receipt effective (i) if delivered by hand or hand, including any overnight courier service, mailed upon personal delivery, (ii) if delivered by mail, when received, (iii) if delivered by posting to an Approved Electronic Platform, an Internet website or sent by facsimile a similar telecommunication device requiring that a user have prior access to such party Approved Electronic Platform, website or other device (to the extent permitted by Section 9.03 to be delivered thereunder), when such notice, demand, request, consent and received during other communication shall have been made generally available on such Approved Electronic Platform, Internet website or similar device to the normal business hours class of Person being notified (regardless of whether any such Person must accomplish, and whether or not any such Person shall have accomplished, any action prior to obtaining access to such items, including registration, disclosure of contact information, compliance with a standard user agreement or undertaking a duty of confidentiality) and such Person has been notified in respect of such party posting that a communication has been posted to the Approved Electronic Platform and (iv) if delivered by electronic mail or any other telecommunications device, when transmitted to an electronic mail address (or by another means of electronic delivery) as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such clause (a); provided that notices and communications are to the Administrative Agent pursuant to Section 2 or Section 7) shall not be effective until received after by the normal business hours Administrative Agent. (c) Notwithstanding clauses (a) and (b) (unless the Administrative Agent requests that the provisions of clause (a) and (b) be followed) and any other provision in this Agreement or any other Credit Document providing for the delivery of any Approved Electronic Communication by any other means, the Borrower shall deliver all Approved Electronic Communications to the Administrative Agent by properly transmitting such party, receipt Approved Electronic Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇.▇▇▇ and ▇▇▇▇▇▇.▇▇▇▇▇@▇▇.▇▇▇ or such other electronic mail address (or similar means of electronic delivery) as the Administrative Agent may notify to the Borrower. Nothing in this clause (c) shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayAdministrative Agent or any Lender to deliver any Approved Electronic Communication to the Borrower in any manner authorized in this Agreement or to request that the Borrower effect delivery in such manner.

Appears in 1 contract

Sources: Credit Agreement (Corpbanca/Fi)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all notices (a) Notices and other communications provided for hereunder shall be either (i) in writing (including facsimiletelecopier, telegraphic or telex communication) and mailed, telecopied or otherwise delivered by hand or overnight courier service, mailed or sent by facsimile(ii) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the Borrower, to it in care of FE at its address at Allegheny Energy, Inc., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimileFax: (▇▇▇) ▇▇▇-▇▇▇▇, Attention: General Counsel and Chief Financial Officer; if to any Initial Lender, the Initial Issuing Bank, any Lender or any Issuing Bank, at its Applicable Domestic Lending Office specified opposite its name on Schedule I heretoOffice; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address atat ▇▇▇ ▇▇. ▇▇▇▇▇▇▇▇ ▇▇., JPMorgan Chase BankLos Angeles, N.A., CA 90071 and ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇or, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank the Borrower or the Administrative Agent, as the case may be, in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Borrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.04 shall be delivered to the other notice requirements of this Agreement, all notices and communications given Administrative Agent as specified in Section 8.02(b) or as otherwise specified to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on Borrower by the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Administrative Agent. If All such notices and communications are shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, Article III or Article VII shall not be effective until received after by the normal business hours Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Union Bank is the Administrative Agent, the Borrower hereby agrees that it will provide to the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for a new, or a conversion of an existing, borrowing or other extension of credit (including any election of an interest rate or interest period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to ▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Financing Documents but only to the extent requested by the Administrative Agent. (c) The Borrower further agrees that the Administrative Agent may make the Communications available to the Lender Parties by posting the Communications on Intralinks or a substantially similar electronic transmission system (the “Platform”). (d) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL, NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (e) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Financing Documents. Each Lender Party agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender Party for purposes of the Financing Documents. Each Lender Party agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such party, receipt Lender Party’s e-mail address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such e-mail address. (f) Nothing herein shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayAdministrative Agent or any Lender Party to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document.

Appears in 1 contract

Sources: Credit Agreement (Allegheny Energy, Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier or telegraphic communication) and delivered mailed, telecopied, telegraphed or delivered, or (y) to the extent set forth in Section 8.02(b) and in the proviso to this Section 9.02(a), by hand or overnight courier serviceelectronic mail (in .PDF form) ("Email"), mailed or sent by facsimileconfirmed reasonably promptly thereafter in writing, if to the Initial Borrower, to it in care at the address of FE such Person at its address at 5, rue Eugene Ruppert, L-2453 Lux▇▇▇▇▇▇, ▇▇▇▇ ▇ ▇▇▇▇ to Sharon E. Abrams, General Counsel-▇▇▇▇▇▇ ▇▇▇▇▇▇, Procter & Gamble, 47, Route de Saint George▇, ▇▇▇3 ▇▇▇▇▇-▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇. +▇▇-▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) -▇▇▇-▇▇▇▇, ▇▇▇ +▇▇-▇2-870-4▇▇▇, ▇▇▇▇▇: [_________]; ▇▇ ▇▇ ▇▇▇ ▇dditional Borrower to such Person at the address specified therefor in the applicable Borrower Accession Agreement; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender, as the case may be; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties[_____________]; or, as to each partyany Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties. Subject parties and, as to each other party, at such other address as shall be designated by such party in a written notice to each of the Borrowers and the Agent; provided, that Notices of Revolving Credit Borrowing, Notices of Competitive Bid Borrowing and materials delivered pursuant to Section 5.01(d)(i), (d)(ii) and (d)(iv) shall be delivered to the other notice requirements of this Agreement, all notices and communications given Agent as specified in Section 9.02(b) or as otherwise specified to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on Company by the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Agent. If All such notices and communications are shall, when mailed, telecopied or Emailed, be effective when deposited in the mails, telecopied or confirmed by Email, respectively, except that notices and communications to the Agent pursuant to Article II or III shall not be effective until received after by the normal business hours Agent. Delivery by telecopier or facsimile of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or any other Loan Document or of any Exhibit hereto or thereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Revolving Credit Agreement (Procter & Gamble Co)

Notices, Etc. Unless specifically (a) Except as otherwise expressly provided otherwise in this Agreementherein, all notices notices, demands, requests, consents and other communications provided for hereunder in this Agreement shall be given in writing writing, or by any telecommunication device capable of creating a written record (including facsimile) and delivered by hand or overnight courier service, mailed or sent by facsimile, electronic mail): if to the Borrower, to it in care of FE at its the Borrower’s address at ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ (telecopy: ▇▇▇-▇▇▇-▇▇▇▇; telephone: ▇▇▇-▇▇▇-▇▇▇▇); if to any Lender, at its Applicable Lending Office specified opposite its name on Schedule II; if to the Administrative Agent, at its address at Standard Chartered Bank, 5th Floor, ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PhoneAttention: Manager Asset Servicing (telecopy: +▇(▇ ▇▇▇ ▇▇▇ ▇▇▇▇)-▇▇▇-▇▇▇▇; or, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties hereto and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent. (b) All notices, demands, requests, consents and other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto described in accordance with the provisions of this Agreement clause (a) shall be deemed to have been given on the date of receipt effective (i) if delivered by hand or hand, including any overnight courier service, mailed upon personal delivery, (ii) if delivered by mail, when received, (iii) if delivered by posting to an Approved Electronic Platform, an Internet website or sent by facsimile a similar telecommunication device requiring that a user have prior access to such party Approved Electronic Platform, website or other device (to the extent permitted by Section 9.03 to be delivered thereunder), when such notice, demand, request, consent and received during other communication shall have been made generally available on such Approved Electronic Platform, Internet website or similar device to the normal business hours class of Person being notified (regardless of whether any such Person must accomplish, and whether or not any such Person shall have accomplished, any action prior to obtaining access to such items, including registration, disclosure of contact information, compliance with a standard user agreement or undertaking a duty of confidentiality) and such Person has been notified in respect of such party posting that a communication has been posted to the Approved Electronic Platform and (iv) if delivered by electronic mail or any other telecommunications device, when transmitted to an electronic mail address (or by another means of electronic delivery) as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such clause (a); provided that notices and communications are to the Administrative Agent pursuant to Article II or Article VII) shall not be effective until received after by the normal business hours Administrative Agent. (c) Notwithstanding clauses (a) and (b) (unless the Administrative Agent requests that the provisions of clause (a) and (b) be followed) and any other provision in this Agreement or any other Credit Document providing for the delivery of any Approved Electronic Communication by any other means, the Borrower shall deliver all Approved Electronic Communications to the Administrative Agent by properly transmitting such party, receipt Approved Electronic Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇ or such other electronic mail address (or similar means of electronic delivery) as the Administrative Agent may notify to the Borrower. Nothing in this clause (c) shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayAdministrative Agent or any Lender to deliver any Approved Electronic Communication to the Borrower in any manner authorized in this Agreement or to request that the Borrower effect delivery in such manner.

Appears in 1 contract

Sources: Credit Agreement (Corpbanca/Fi)

Notices, Etc. Unless specifically (a) Except as otherwise provided otherwise in this AgreementSection 2.02(a) or 2.10(ii), all notices and other communications provided for hereunder shall be in writing (including facsimile) and delivered mailed by hand certified mail, return receipt requested and postage prepaid, or overnight courier servicetelecopied, mailed telefaxed or sent by facsimileotherwise teletransmitted, or delivered, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimileTelefax: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I heretoset forth in such Initial Lender's Administrative Questionnaire; if to any other Lender, Lender at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance or Commitment Increase Agreement pursuant to which it became a LenderLender or at the address for notices specified in the Designation Agreement pursuant to which it became a party hereto; if to the Administrative Agent, at its address at, in care of JPMorgan Chase Bank, N.A.Loan and Agency Services, ▇▇▇ ▇▇▇▇▇▇, 10th Floor, Houston, Texas 77002, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Telefax: (▇▇▇) ▇▇▇-▇▇▇▇, NCC5with a copy to JPMorgan Chase Bank, Floor 1, Newark, DE 19713-2105, Attention: at ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email20th Floor, Houston, TX 77002, Attention: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PhoneTelefax: +▇(▇▇▇)-) ▇▇▇-▇▇▇▇; and if to the Auction Administrative Agent, Email: at JPMorgan Chase Bank, Loan and Agency Services, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇., ▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Telefax: (@▇▇) ▇▇▇-▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all . (b) All such notices and communications shall be effective, (i) in the case of any notice or communication given by certified mail, when receipted for, (ii) in the case of any notice or communication given by telecopy, telefax or other teletransmission, when confirmed by appropriate answerback, in each case addressed as aforesaid, (iii) in the case of any notice or communication delivered by hand or courier, when so delivered and (iv) in the case of any report, notice or information referred to in Section 8.02(c), when posted with posting confirmed by electronic correspondence, or otherwise deemed delivered pursuant to procedures approved by the Administrative Agent, except that notices and communications to the Administrative Agent pursuant to Article 2 or 7 shall not be effective until received by the Administrative Agent. A notice received by the Administrative Agent or a Lender by telephone pursuant to Section 2.02(a) or 2.10(ii) shall be effective if the Administrative Agent or Lender believes in good faith that it was given by an authorized representative of the Borrower and acts pursuant thereto, notwithstanding the absence of written confirmation or any party hereto in accordance with the provisions of this Agreement contradictory provision thereof. (c) Reports, notices, and information required to be delivered pursuant to Section 5.03 shall be deemed to have been given delivered if such reports, notices, and information (or, in the case of any information, one or more annual or quarterly reports containing such information) shall have been posted by the Administrative Agent on an IntraLinks or similar site to which the Lenders have been granted access or shall be available on the date website of receipt if the Securities and Exchange Commission at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇ (and, in each case, a confirming electronic correspondence shall have been delivered or caused to be delivered providing notice of such posting or availability); provided that the Borrower shall deliver paper copies of such information to any Lender that requests such delivery. Reports, notices and information required to be delivered pursuant to Section 5.03 may also be delivered by hand or overnight courier serviceelectronic communications pursuant to procedures approved by the Administrative Agent. Categories of reports, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after information approved by the normal business hours Administrative Agent may be given by e-mail pursuant to procedures approved by the Administrative Agent." (k) Amendments of such party, receipt shall be deemed Section 8.04. (i) Section 8.04(b) is amended by replacing the reference to have been given upon the opening of the recipient’s next Business Day.Section 2.08(f) with a reference to Section 2.08(d); and

Appears in 1 contract

Sources: Long Term Revolving Credit Agreement (Burlington Resources Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier or other electronic communication) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimiledelivered, if to the BorrowerCompany or to any Designated Subsidiary, to it in care of FE at its the Company's address at Corporate Headquarters, ▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: TreasurerTreasury Department, Facsimile: Fax No. (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance, as the case may be, pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇'▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇Bank Loan Syndications, Fax No. (▇▇▇)-) ▇▇▇-▇▇▇▇; or, Email: as to any Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent; provided that materials as may be agreed between the Borrowers and the Agent may be delivered to the Agent in accordance with clause (b) below. All such notices and communications shall, when mailed or telecopied, be effective when deposited in the mails or telecopied, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier or other electronic communication of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Agent, such materials as may be agreed between the Borrowers and the Agent may be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if . The Borrowers agree that the Agent may make such materials (collectively, the "Communications") available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the "Platform"). The Borrowers acknowledge that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided "as is" and "as available" and (iii) neither the Agent nor any Fronting Bank identified on Schedule II heretoof its Affiliates warrants the accuracy, at adequacy or completeness of the address specified opposite Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by the Agent or any of its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice "Notice") specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender's e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 1 contract

Sources: Credit Agreement (Hershey Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier communication) and mailed, telecopied, telegraphed or delivered by hand or overnight courier service(y) communicated as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), mailed or sent by facsimile, addressed as follows: if to the Borrower, to it in care of FE at its address at 6▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇Chief Financial Officer; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at T▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇Bank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (▇▇▇ii) or (iii) shall be delivered to the Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier or e-mail of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(i)(i), (ii) and (iii) shall be either (x) delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-▇▇▇-mail at o▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ or (y) deemed to have been delivered when the Borrower provides notice to the Agent by e-mail at o▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ that such materials are posted on the SEC’s website at w▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto.▇▇▇. The Borrower agrees that the Agent may make such materials, at the address specified opposite its name on Schedule II hereto; if to as well as any other Fronting Bankwritten information, at documents, instruments and other material relating to the Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such address notices on Intralinks or a substantially similar electronic system (the “Platform”). The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as shall be designated is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by such Fronting Bank the Agent or any of its Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 1 contract

Sources: Credit Agreement (Coventry Health Care Inc)

Notices, Etc. Unless specifically provided otherwise (a) Except to the extent set forth in Section 7.02(b) and in the proviso to this AgreementSection 7.02(a), all notices and other communications provided for hereunder under this Agreement shall be in writing (including facsimiletelecopier or email communication) and mailed, telecopied, emailed or delivered by hand or overnight courier service, mailed or sent by facsimile, (x) if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇3▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5Santa Clara, Floor 1, Newark, DE 19713-2105California 95054, Attention: ▇▇▇R▇▇▇▇▇ ▇▇▇▇▇, Phone▇; Telecopier: +▇(4▇▇▇)-▇▇▇-▇▇▇▇, Email; email: R▇▇▇▇▇_▇▇▇▇▇▇@▇▇▇▇.▇▇▇@; provided, that if such notice is to be delivered pursuant to Section 6.01, 7.05, 7.01 or 7.07, then such notice shall be delivered by mail or express delivery (and not delivered electronically or by telecopy) at the address above to the Attention of: R▇▇▇▇▇ ▇▇▇▇▇.▇▇ , Treasurer (or his successor) and ▇▇J▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇Group Vice President, Legal Affairs and Intellectual Property (▇▇▇or his successor), or at such other address as shall be designated by Borrower in a written notice to the other parties; and (y) if to the Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto or at such other address as shall be designated by such party in a written notice to the Borrower, provided that materials required to be delivered pursuant to Sections 5.01(g)(vi) and (vii) shall be delivered as specified in Section 7.02(b) or as otherwise specified to the Borrower by the Lender from time to time. All such notices and communications shall, when mailed, telecopied or e-▇▇▇mailed, be effective when deposited in the mails, telecopied, or confirmed by e-mail, respectively, except that notices and communications to the Lender pursuant to Article II or III shall not be effective until received by the Lender. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Revolving Credit Note or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Lender, the Borrower hereby agrees that, unless otherwise requested by the Lender, it will provide to the Lender all information, documents and other materials that it is obligated to furnish to the Lender pursuant to this Agreement, including, without limitation, all notices, financial statements, financial and other reports, certificates and other required information materials, but excluding any such communication that (i) relates to a request for an amendment or for a new, or a conversion of an existing, borrowing or other extension of credit (including any election of an interest rate or interest period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any default or event of default under this Agreement, (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any borrowing or other extension of credit hereunder or (v) initiates or responds to legal process (all such non-excluded information being referred to herein collectively as the “Communications”) by transmitting the Communications in an electronic/soft medium (provided such Communications contain any required signatures) in a format acceptable to the Lender to o▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the ▇ (or such other e-mail address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice the Lender from time to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other partiestime). Subject to the other notice requirements of this Agreement, all notices and communications given to any Each party hereto agrees that any electronic communication referred to in accordance with the provisions of this Agreement Section 7.02(b) shall be deemed to have been given on delivered upon the date posting of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile a record of such communication (properly addressed to such party and at the e-mail address provided to the Lender) as “sent” in the e-mail system of the sending party or, in the case of any such communication to the Lender, upon the posting of a record of such communication as “received” in the e-mail system of the Lender; provided that if such communication is not so received by the Lender during the normal business hours (Eastern Standard Time) of the Lender, such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt communication shall be deemed to have been given upon delivered at the opening of business on the recipient’s next Business DayDay for the Lender.

Appears in 1 contract

Sources: Credit Agreement (Applied Materials Inc /De)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimilefacsimile or electronic communication) and delivered by hand or overnight courier servicemailed, mailed or sent transmitted by facsimile, sent by nationally recognized overnight delivery service or overnight courier, or delivered or (y) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), in an electronic medium and delivered as set forth in Section 8.02(b), if to the Borrowerany Loan Party, to it in care of FE the Borrower at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimileFax: (▇▇▇) ▇▇▇-▇▇▇▇, E-mail Address: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative First Lien Collateral Agent, at its address atat Eleven Madison Avenue, JPMorgan Chase BankNew York, N.A.New York, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-210510010, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneFax: +▇(▇▇▇)-) ▇▇▇-▇▇▇▇, EmailE-mail Address: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇; and if to the First Lien Administrative Agent, at its address at Eleven Madison Avenue, New York, New York, 10010, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇, Fax: (▇▇▇) ▇▇▇-▇▇▇▇, E-mail Address: ▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇; if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the First Lien Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Borrower and the First Lien Administrative Agent; provided, however, that materials and information described in Section 8.02(b) shall be delivered to the other notice requirements of this Agreement, all notices and communications given to any party hereto First Lien Administrative Agent in accordance with the provisions thereof or as otherwise specified to the Borrower by the First Lien Administrative Agent. All such notices and other communications shall, (i) when mailed or e-mailed, be effective when deposited in the mails, transmitted by facsimile or sent by electronic communication, respectively and (ii) when sent by nationally recognized overnight delivery service or overnight courier, be effective the next Business Day after being deposited with such service or courier, except, in each case, that (A) notices and communications to any Agent pursuant to Article II, III or VII shall not be effective until received by such Agent and (B) notices and other communications to any Agent pursuant to Article II or VI shall not be effective if sent by e-mail. Delivery by facsimile or e-mail of an executed counterpart of a signature page to any amendment or waiver of any provision of this Agreement or the Notes shall be deemed effective as delivery of an original executed counterpart thereof. (b) The Borrower hereby agrees that it will provide to have been given the First Lien Administrative Agent all information, documents and other materials that it is obligated to furnish to the First Lien Administrative Agent pursuant to the Loan Documents, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for a new, or a Conversion of an existing, Borrowing (including any election of an interest rate or interest period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or the Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the First Lien Administrative Agent to an electronic mail address specified by the First Lien Administrative Agent to the Borrower. In addition, the Borrower agrees to continue to provide the Communications to the First Lien Administrative Agent in the manner specified in the Loan Documents but only to the extent requested by the First Lien Administrative Agent. The Borrower further agrees that the First Lien Administrative Agent may make the Communications available to the Lenders by posting the Communications on IntraLinks or a substantially similar electronic transmission system (the date “Platform”). (c) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE FIRST LIEN ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE FIRST LIEN ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (d) The First Lien Administrative Agent agrees that the receipt of receipt if delivered the Communications by hand or overnight courier service, mailed or sent by facsimile the First Lien Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to such party and received during the normal business hours First Lien Administrative Agent for purposes of such party the Loan Documents. Each Lender agrees that notice to it (as provided in this Section 8.02 or the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees (i) to notify the First Lien Administrative Agent in accordance with the latest unrevoked direction writing (including by electronic communication) from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours time to time of such party, receipt Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such e-mail address. Nothing herein shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayFirst Lien Administrative Agent or any Lender to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

Appears in 1 contract

Sources: First Lien Credit Agreement (U S Energy Systems Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the any Borrower, to it in care of FE at its the Company’s address at Park ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimilewith a copy to Attention: (▇▇▇) ▇▇▇-▇▇▇▇General Counsel; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇Bank Loan Syndications Department; or, as to the Company or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(a)(i), (▇▇▇ii) or (v) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Company by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as CUSA or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(a)(i), (ii) and (v) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-▇▇▇-▇▇▇▇, Email: mail at ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto. The Company agrees that the Agent may make such materials, at the address specified opposite its name on Schedule II hereto; if to as well as any other Fronting Bankwritten information, at documents, instruments and other material relating to the Company, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such address notices on Intralinks or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as shall be designated is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by such Fronting Bank the Agent or any of its Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 1 contract

Sources: Credit Agreement (Sealed Air Corp/De)

Notices, Etc. Unless specifically (a) On and after the Assumption Date, the Borrower, the Collateral Agent, Credit Acceptance and the Deal Agent hereby agree to provide to the Backup Servicer all notices required to be provided otherwise in this Agreementto the Servicer pursuant to the Loan Agreement and the other Transaction Documents, as well as a hard copy sent by a nationally recognized courier service with item tracking capability. (b) Except where telephonic instructions or notices are authorized herein to be given, all notices notices, demands, instructions and other communications provided for hereunder required or permitted to be given to or made upon any party hereto shall be in writing and shall be sent electronically or by facsimile transmission with a confirmation of the receipt thereof and shall be deemed to be given for purposes of this Agreement on the day that the receipt of such facsimile transmission is confirmed in accordance with the provisions of this Section 5.01. Unless otherwise specified in a notice sent or delivered in accordance with the foregoing provisions of this Section, notices, demands, instructions (including facsimilepayment instructions) and delivered other communications in writing shall be given to or made upon the respective parties hereto at their respective addresses and accounts indicated below, and, in the case of telephonic instructions or notices, by hand calling the telephone number or overnight courier service, mailed or sent by facsimile, if numbers indicated for such party below: If to the Borrower, to it in care of FE at its address at ▇▇ Servicer: Credit Acceptance Corporation Silver Triangle Building ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, -▇▇▇▇ Attention: Treasurer, Facsimile▇▇▇▇ ▇▇▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ (ext. 5646) Facsimile No.: (; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇If to the Deal Agent: Citizens Bank, N.A. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ If to the Collateral Agent: Citizens Bank, N.A. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, Phone▇▇ ▇▇▇▇▇ Attention: +▇▇▇▇▇ ▇▇▇▇ Telephone No.: (▇▇▇)-) ▇▇▇-▇▇▇, Email: ▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ If to the Backup Servicer: @▇▇▇▇ Fargo Bank, National Association MAC N9300-061 ▇▇▇ ▇. ▇▇▇▇▇.▇▇and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, Phone▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: +▇Trust Services — Asset-Backed Administration Facsimile No.: (▇▇▇)) ▇▇▇-▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Day.

Appears in 1 contract

Sources: Backup Servicing Agreement (Credit Acceptance Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier or telex communication) and delivered by hand mailed, telecopied, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ 1000 ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, New Britain, Connecticut 06050, Attention: TreasurerSecretary, Facsimile: (▇▇▇) telecopy no. 203-▇▇▇-▇▇▇▇, ▇▇th a copy to Crai▇ ▇. ▇▇▇▇▇▇▇, ▇▇rector, Corporate Finance, at the same address and telecopy no. 203- 827-3848; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat 7th ▇▇▇▇▇, JPMorgan Chase Bank, N.A., ▇▇▇ ▇, O▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇tention: Loan Investor Services Department; or, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when telecopied or telexed, be effective when telecopied (with receipt confirmed by telephone) or confirmed by telex answerback, respectively, and when mailed or delivered, when received, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Stanley Works)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopy, telegraphic, telex or cable communication) and delivered by hand mailed, telegraphed, telecopied, telexed, cabled or overnight courier service, mailed or sent by facsimiledelivered, if to the any Borrower, to the Company at ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Assistant Treasurer, Dept. 52/924.11, with a copy to the same address, Attention: Assistant General Counsel - Corporate Finance, Dept. 52/923; if to any Bank, to its Domestic Lending Office and its Foreign Lending Office, each as specified opposite its name on Schedule I hereto; if to any other Lender, to its Domestic Lending Office and its Foreign Lending Office, each as specified in the Acceptance pursuant to which it in care of FE became a Lender; and if to the Administrative Agent, at its address at ▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇ ▇▇▇▇, telephone no. ▇▇▇-▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., telecopier no. ▇▇▇-▇▇▇-▇▇▇▇, with copies to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ , telephone no. ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: telecopier no. ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if or to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankCompany or the Administrative Agent, at such other address as shall be designated by CREDIT AGREEMENT such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Administrative Agent. Subject All such notices and communications shall, (a) when mailed, be effective three Business Days after the same is deposited in the mails, (b) when mailed for next day delivery by a reputable freight company or reputable overnight courier service, be effective one Business Day thereafter, and (c) when sent by telegraph, telecopy, telex or cable, be effective when the same is telegraphed, telecopied and receipt thereof is confirmed by telephone or return telecopy, confirmed by telex answerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VIII shall not be effective until received by the Administrative Agent; provided that the Company agrees to deliver notices and other notice requirements information that it is obligated to furnish to the Administrative Agent pursuant to this Agreement in accordance with the Communications Agreement; provided further that each Lender acknowledges and accepts the terms of the Communications Agreement and agrees that Communications (as defined in the Communications Agreement) may be made available to such Lender as provided in the Communications Agreement, agrees to provide to the Administrative Agent, promptly after the date of this Agreement, all notices and communications given an e-mail address for receipt of each notice to any party hereto in accordance with the provisions of this Agreement shall be deemed to such Lender that Communications have been given posted on the date of receipt if delivered by hand or overnight courier servicePlatform referred to in the Communications Agreement, mailed or sent by facsimile and agrees that such notice to such party and received during the normal business hours Lender of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours posting shall constitute effective delivery of such party, receipt shall be deemed Communications to have been given upon the opening of the recipient’s next Business Daysuch Lender hereunder.

Appears in 1 contract

Sources: Credit Agreement (Marriott International Inc /Md/)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing or confirmed in writing (including facsimiletelecopier communication) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Treasurer; if to any Lender, at its Domestic Lending Office; and if to the Agent, at its address at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, OPS ▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimileAgency Operations (E-mail: (▇▇▇) ▇▇▇.▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇; Fax: ▇▇▇-▇▇▇-▇▇▇▇; if Tel: ▇▇▇-▇▇▇-▇▇▇▇), with a copy to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto▇▇▇▇ ▇▇▇▇▇▇ (E-mail: ▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇.▇▇▇; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.Fax: ▇▇▇-▇▇▇-▇▇▇▇), ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ and for compliance reporting, NCC5, Floor 1, Newark, DE 19713at E-2105, Attentionmail: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all All such notices and other communications given to any party hereto in accordance with the provisions of this Agreement (i) sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given on the date of receipt if delivered by hand when received or overnight courier service, mailed or (ii) sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt telecopier shall be deemed to have been given upon when sent, provided that if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient. Notwithstanding the foregoing, all such notices and communications to the Agent pursuant to Article II, III or VII shall not be deemed to have been given until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (i) Except as otherwise provided in Section 5.01(h), the Borrower shall provide to the Agent all information, documents and other materials that it is obligated to furnish to the Agent pursuant to this Agreement and the other Loan Documents, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a Notice of Borrowing or other request for a new, or a conversion of an existing, Borrowing or other extension of credit (including any election of an interest rate or Interest Period relating thereto), (ii) relates to the payment of any principal or other amount due hereunder prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default hereunder or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Agent to such electronic maile-mail address as the Agent shall identify to the Borrower. In addition, the Borrower shall continue to provide the Communications to the Agent in the manner specified in this Agreement but only to the extent requested by the Agent. The Borrower further agrees that the Agent may make the Communications available to the Lenders by posting the Communications on Intralinks, or a substantially similar electronic transmission system mutually agreeable to the Agent and the Borrower (the “Platform”). Nothing in this Section 8.02(b) shall prejudice the right of the Agent or any Lender to give any notice or other communication pursuant hereto or to any other Loan Document in any other manner specified herein or therein. (ii) The Agent agrees that the receipt of the Communications by the Agent at its e-mail address set forth in clause (i) above shall constitute effective delivery of the Communications to the Agent for purposes of each Loan Document. The Borrower agrees that e-mail notice to it (at the address provided pursuant to the next sentence and deemed delivered as provided in subclause (iii) below) specifying that Communications have been posted to the Platform shall constitute effective delivery of such Communications to it for purposes of the Loan Documents. The Borrower agrees (A) to notify the Agent in writing (including by electronic communication) from time to time to ensure that the Agent has on record an effective e-mail address for the Borrower to which the foregoing notices may be sent by electronic transmission and (B) that the foregoing notices may be sent to such e-mail address. Each Lender agrees that e- mail notice to it (at the address provided pursuant to the next sentence and deemed delivered as provided in subclause (iii) below) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees (A) to notify the Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and (B) that the foregoing notice may be sent to such e-mail address (iii) Each party hereto agrees that any electronic communication referred to in this clause (b) shall be deemed delivered upon the posting of a record of such Communication as “sent” in the e-mail system of the sending party or, in the case of any such Communication to the Agent or any Lender, upon the posting of a record of such Communication as “received” in the e-mail system of the Agent or such Lender; provided, however, that if such Communication is received by the Agent or such Lender after the normal business hours of the Agent or such Lender, such Communication shall be deemed delivered at the opening of business on the next Business DayDay for the Agent or such Lender; provided, further, that in the event that the Agent’s or such Lender’s e-mail system shall be unavailable for receipt of any Communication, Borrower may deliver such Communication to the Agent or such Lender in a manner mutually agreeable to the Agent ▇▇▇▇▇ such Lender, as applicable, and the Borrower (iv) The parties hereto acknowledge and agree that the distribution of the Communications and other material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. EACH OF THE PARTIES HERETO ACKNOWLEDGES AND AGREES AS FOLLOWS: (A) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”; (B) THE AGENT PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS; (C) NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM; AND (D) IN NO EVENT SHALL THE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, THE “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (v) This clause (b) shall terminate on the date that neither Citibank nor any of its Affiliates is the Agent under this Agreement.

Appears in 1 contract

Sources: Five Year Credit Agreement (DTE Electric Co)

Notices, Etc. Unless specifically provided otherwise (a) Except to the extent set forth in Section 8.02(b) and in the proviso to this AgreementSection 8.02(a), all notices and other communications provided for hereunder under this Agreement shall be in writing (including facsimiletelecopier or email communication) and mailed, telecopied, emailed or delivered by hand or overnight courier service, mailed or sent by facsimile, (x) if to the Borrower, to it in care of FE at its address at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Santa Clara, California 95054, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇; Telecopier: ▇▇▇-▇▇▇-▇▇▇▇; email: ▇▇▇▇▇▇_▇▇▇▇▇▇@▇▇▇▇.▇▇▇, with a copy to ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ at his email address: ▇▇▇▇▇▇_▇▇▇▇▇@▇▇▇▇.▇▇▇; provided, that if such notice is to be delivered pursuant to Section 6.01, 7.05, 8.01 or 8.07, then such notice shall be delivered by mail or express delivery (and not delivered electronically or by telecopy) at the address above to the Attention of: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Treasurer (or his successor) and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Group Vice President, Legal Affairs and Intellectual Property (or his successor), or at such other address as shall be designated by Borrower in a written notice to the other parties; if to any Initial Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto and if to any other Lender, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender; or at such other address as shall be designated by such party in a written notice to the Borrower and the Administrative Agent; and (z) if to the Administrative Agent, at its address at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimileBank Loan Syndications Department; Telecopier: (▇▇▇) -▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇email ▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇, Phone: +▇(@▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇, or at such other address as shall be designated by the Administrative Agent in a written notice to the other parties, provided that materials required to be delivered pursuant to Sections 5.01(g)(vi) and (vii) shall be delivered to the Administrative Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Administrative Agent from time to time. All such notices and communications shall, when mailed, telecopied or e-mailed, be effective when deposited in the mails, telecopied, or confirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received by the Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Revolving Credit Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Administrative Agent, materials required to be delivered pursuant to Sections 5.01(g)(vi) and (vii) shall be delivered to the Administrative Agent in an electronic medium in a format acceptable to the Administrative Agent and the Lenders by e-mail at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇. The Borrower agrees that the Administrative Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Revolving Credit Notes or any of the transactions contemplated hereby (collectively, the "Communications") available to the Lenders by posting such notices on Intralinks, "e-Disclosure", the Administrative Agent's internet delivery system that is part of Fixed Income Direct, Global Fixed Income's primary web portal, or a substantially similar electronic system (the "Platform"), according to procedures to be agreed between the Administrative Agent and the Borrower from time to time; if provided, that the Administrative Agent agrees not to any Fronting Bank identified post certain specific non-public information on Schedule II heretothe Platform, at the address specified opposite reasonable request of the Borrower. The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided "as is" and "as available" and (iii) neither the Administrative Agent nor any of its name on Schedule II hereto; if to Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other Fronting Bankcode defects, at such address as shall be designated is made by such Fronting Bank the Administrative Agent or any of its Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice "Notice") specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Administrative Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Administrative Agent in writing of such Lender's e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Administrative Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 1 contract

Sources: Credit Agreement (Applied Materials Inc /De)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing or confirmed in writing (including facsimiletelecopier communication) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, at its address at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Treasurer; if to it in care of FE any Lender, at its Domestic Lending Office; and if to the Agent, at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Mail Code IL1-0010, ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: TreasurerApril Yebd, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if with a copy to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)Mail Code IL1-▇▇▇-▇▇▇▇0090, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +(▇▇)-▇▇▇-▇▇▇▇, EmailAttention: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all All such notices and other communications given to any party hereto in accordance with the provisions of this Agreement (i) sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given on the date of receipt if delivered by hand when received or overnight courier service, mailed or (ii) sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt telecopier shall be deemed to have been given upon when sent, provided that if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next Business Day for the recipient. Notwithstading the foregoing, all such notices and communications to the Agent pursuant to Article II, III or VII shall not be deemed to have been given until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (i) Except as otherwise provided in Section 5.01(h), the Borrower shall provide to the Agent all information, documents and other materials that it is obligated to furnish to the Agent pursuant to this Agreement and the other Loan Documents, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a Notice of Borrowing or other request for a new, or a conversion of an existing, Borrowing or other extension of credit (including any election of an interest rate or Interest Period relating thereto), (ii) relates to the payment of any principal or other amount due hereunder prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default hereunder or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Agent to such electronic mail address as the Agent shall identify to the Borrower. In addition, the Borrower shall continue to provide the Communications to the Agent in the manner specified in this Agreement but only to the extent requested by the Agent. The Borrower further agrees that the Agent may make the Communications available to the Lenders by posting the Communications on Intralinks, or a substantially similar electronic transmission system mutually agreeable to the Agent and the Borrower (the “Platform”). Nothing in this Section 8.02(b) shall prejudice the right of the Agent or any Lender to give any notice or other communication pursuant hereto or to any other Loan Document in any other manner specified herein or therein. (ii) The Agent agrees that the receipt of the Communications by the Agent at its e-mail address set forth in clause (i) above shall constitute effective delivery of the Communications to the Agent for purposes of each Loan Document. The Borrower agrees that e-mail notice to it (at the address provided pursuant to the next sentence and deemed delivered as provided in subclause (iii) below) specifying that Communications have been posted to the Platform shall constitute effective delivery of such Communications to it for purposes of the Loan Documents. The Borrower agrees (A) to notify the Agent in writing (including by electronic communication) from time to time to ensure that the Agent has on record an effective e-mail address for the Borrower to which the foregoing notices may be sent by electronic transmission and (B) that the foregoing notices may be sent to such e-mail address. Each Lender agrees that e-mail notice to it (at the address provided pursuant to the next sentence and deemed delivered as provided in subclause (iii) below) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender agrees (A) to notify the Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and (B) that the foregoing notice may be sent to such e-mail address. (iii) Each party hereto agrees that any electronic communication referred to in this clause (b) shall be deemed delivered upon the posting of a record of such Communication as “sent” in the e-mail system of the sending party or, in the case of any such Communication to the Agent or any Lender, upon the posting of a record of such Communication as “received” in the e-mail system of the Agent such Lender; provided, however, that if such Communication is received by the Agent or such Lender after the normal business hours of the Agent or such Lender, such Communication shall be deemed delivered at the opening of business on the next Business DayDay for the Agent or such Lender; provided, further, that in the event that the Agent’s or such Lender’s e-mail system shall be unavailable for receipt of any Communication, Borrower may deliver such Communication to the Agent or such Lender in a manner mutually agreeable to the Agent or such Lender, as applicable, and the Borrower. (iv) The parties hereto acknowledge and agree that the distribution of the Communications and other material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution. EACH OF THE PARTIES HERETO ACKNOWLEDGES AND AGREES AS FOLLOWS: (A) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”; (B) THE AGENT PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS; (C) NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM; AND (D) IN NO EVENT SHALL THE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, THE “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (v) This clause (b) shall terminate on the date that neither JPMCB nor any of its Affiliates is the Agent under this Agreement.

Appears in 1 contract

Sources: Five Year Credit Agreement (Dte Energy Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder and under the other Loan Documents shall be in writing writing, or by any telecommunication device capable of creating a written record (including facsimileelectronic mail), and and addressed to the party to be notified as follows: (i) and delivered by hand or overnight courier service, mailed or sent by facsimile, if to the Borrower, to it in care of FE at its address at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Treasurer, or ▇.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: Treasurer; (ii) if to any Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; (iii) if to any other Lender, at its Domestic Lending Office specified in the Lender Assignment pursuant to which it became a Lender; and (iv) if to the Agent, at its address at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇. ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: TreasurerBank Loan Syndications, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, AttentionFax: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each party, at such other address as shall be designated by such party in a written notice (x) in the case of the Borrower or the Agent, to the other parties and (y) in the case of all other parties. Subject , to the Borrower and the Agent. (b) All notices, demands, requests, consents and other notice requirements of this Agreement, all notices and communications given to any party hereto described in accordance with the provisions of this Agreement clause (a) shall be deemed to have been given on the date of receipt effective (i) if delivered by hand or hand, including any overnight courier service, mailed upon personal delivery, and (ii) if delivered by electronic mail or sent any other telecommunications device, when transmitted to an electronic mail address (or by facsimile to such party and received during the normal business hours another means of such party electronic delivery) as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such clause (a); provided, however, that notices and communications are to the Agent pursuant to Article II or Article VII) shall not be effective until received after by the normal business hours Agent. (c) Notwithstanding clauses (a) and (b) (unless the Agent requests that the provisions of clause (a) and (b) be followed) and any other provision in this Agreement or any other Loan Document providing for the delivery of any Approved Electronic Communication by any other means, the Borrower shall deliver all Approved Electronic Communications to the Agent by properly transmitting such party, receipt Approved Electronic Communications in an electronic/soft medium in a format acceptable to the Agent to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ or such other electronic mail address (or similar means of electronic delivery) as the Agent may notify to the Borrower. Nothing in this clause (c) shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayAgent or any Lender to deliver any Approved Electronic Communication to the Borrower in any manner authorized in this Agreement or to request that the Borrower effect delivery in such manner.

Appears in 1 contract

Sources: Credit Agreement (Alliant Energy Corp)

Notices, Etc. Unless specifically provided Except as otherwise in this Agreementset forth herein, all notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telex, telecopy or cable communication) and mailed, telegraphed, telexed, telecopied, cabled or delivered by hand or overnight courier service, mailed or sent by facsimile, hand, (i) if to the Borrower, to it in care of FE at its address at at: Alpharma U.S. Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇, New Jersey 07024 Attn: Treasurer Telephone: (▇▇▇, ) ▇▇▇▇▇, -▇▇▇▇ Telefax: (▇▇▇) ▇▇, Attention▇-▇▇▇▇ and to: Treasurer, FacsimileChief Legal Officer Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; (ii) if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., : First Union National Bank ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, Email▇ Attn: ▇▇▇▇▇▇▇▇.▇ Telephone: (▇▇▇@) ▇▇▇-▇.▇▇▇ and Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: First Union National Bank ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇, @▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇.▇ Telephone: (▇▇▇; ) ▇▇▇-▇▇▇▇ Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ (iii) if to any Fronting Bank identified on Schedule II heretoBank, at its Lending Office on the address specified opposite its name on Schedule II hereto; signature pages hereof, and if to any other Fronting lender that becomes a "Bank," at its Lending Office specified in the Assignment and Assumption Agreement by which it became a Bank; or, as to the Borrower, any Bank or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective when deposited in the mails, delivered to the telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the cable company, delivered by overnight courier with confirmation of receipt or delivered by hand to the addressee, or its Administrative Agent, respectively, except that notices and communications to the Administrative Agent shall not be effective until received after by the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAdministrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Alpharma Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier or telex communication) and delivered by hand mailed, telecopied, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ 1000 ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, New Britain, Connecticut 06050, Attention: TreasurerSecretary, Facsimile: (▇▇▇) telecopy no. 203-▇▇▇-▇▇▇▇, ▇▇th a copy to Crai▇ ▇. ▇▇▇▇▇▇▇, ▇▇rector, Corporate Finance, at the same address and telecopy no. 203- 827-3848; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat 7th ▇▇▇▇▇, JPMorgan Chase Bank, N.A., ▇▇▇ ▇, O▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇tention: Loan Investor Services Department; or, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are received after shall, when telecopied or telexed, be effective when telecopied (with receipt confirmed by telephone) or confirmed by telex answerback, respectively, and when mailed or delivered, when received, except that notices and communications to the normal business hours of such partyAgent pursuant to Article II, receipt III or VII shall be deemed to have been given upon the opening of the recipient’s next Business Day.not

Appears in 1 contract

Sources: Credit Agreement (Stanley Works)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic, telex or cable communication) and delivered by hand mailed, telecopied, telegraphed, telexed, cabled or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇, ) ▇▇▇-▇▇▇▇▇, Attention: Treasurer with a copy to the Corporate Secretary of the Borrower, at the aforesaid address; if to any Bank, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Bank Loan Syndication, Emailwith a copy to One Court Square, Seventh Floor, Zone One, Long Island City, New York 11120, Attention: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇Bank Loan Syndication; if or as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed, telexed or cabled, be effective when deposited in the mails, telecopied, delivered to the telegraph company, confirmed by telex answerback or delivered to the cable company, respectively, except that notices and communications to the Agent pursuant to Article II or VII shall not be effective until received after by the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAgent.

Appears in 1 contract

Sources: Credit Agreement (Supervalu Inc)

Notices, Etc. Unless specifically provided otherwise in (a) Subject to clauses (b) through (f) of this AgreementSection 8.02, all notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier communication) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimiledelivered, if to the Company or the Designated Borrower, to it in care of FE at its the Company’s address at ▇▇ ▇▇1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, New Britain, Connecticut 06053, Attention: TreasurerSecretary, Facsimile: (telecopy no. 8▇▇-▇▇▇) -▇▇▇▇, with a copy to C▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Treasurer, at the same address and telecopy no. 8▇▇-▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance or accession agreement pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat 2 ▇▇▇▇▇ ▇▇▇, JPMorgan Chase Bank, N.A.▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(Bank Loans Syndication, telecopy no. 3▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; or, as to each partythe Company, the Designated Borrower or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Administrative Agent. Subject to the other notice requirements of this Agreement, all All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) The Company (on behalf of itself and on behalf of the Designated Borrower) hereby agrees that it will provide to the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to this Agreement, including, without limitation, all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for a new, or a conversion of an existing, Borrowing (including any election of an interest rate or Interest Period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default under this Agreement, (iv) relates to a reduction or termination of the Commitments, or (v) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any Borrowing thereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to o▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇. In addition, the Company (on behalf of itself and on behalf of the Designated Borrower) agrees to continue to provide the Communications to the Administrative Agent in the manner specified in this Agreement but only to the extent requested by the Administrative Agent. (c) The Company further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on Intralinks or a substantially similar electronic transmission system (the “Platform”). (d) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (e) The Administrative Agent agrees that the receipt if delivered of the Communications by hand or overnight courier service, mailed or sent by facsimile the Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to such party and received during the normal business hours Administrative Agent for purposes of such party this Agreement. Each Lender agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of this Section 8.02 or Agreement. Each Lender agrees (i) to notify the Administrative Agent in accordance with the latest unrevoked direction writing (including by electronic communication) from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours time to time of such party, receipt Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such e-mail address. (f) Nothing herein shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayAdministrative Agent or any Lender to give any notice or other communication pursuant to this Agreement in any other manner specified herein.

Appears in 1 contract

Sources: Credit Agreement (Stanley Works)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Senior Vice President and Chief Financial Officer, Fax No. (▇▇▇) ▇▇▇-▇▇▇▇; if to any Initial Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Bank, at its Domestic Lending Office specified in the Assignment and Acceptance pursuant to which it became a Bank; and if to the Agent, at its address at Deutsche Bank AG, New York Branch, ▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: Fax No. (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇Corporate Finance Services; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Term Loan and Letter of Credit Agreement (Ogden Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier communication) and mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimilecourier, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer (fax no. ▇▇▇ ▇▇▇-▇▇▇▇), with a copy to its Secretary (fax no. 781 ▇▇▇-▇▇▇▇); if to any Initial Lender Party, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender Party, at its Domestic Lending Office specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender Party; and if to the Agent, at its address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (fax no. ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇), with a copy to ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇▇ ▇. ▇▇▇▇▇▇▇ (fax no. 212 ▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties); or, as to each partythe Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties. Subject parties and, as to each Lender Party, at such other address as shall be designated by such Lender Party in a written notice to the other notice requirements of this Agreement, all notices Borrower and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Agent. If All such notices and communications are received after the normal business hours of such party, receipt to any Person shall be deemed effective (a) when actually delivered in fully legible form to have been given upon such Person or (b) five days after being deposited in the opening United States mails, with first class postage prepaid and registered or certified, provided that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent, and provided, further, that notices and communications to any Person required to be provided hereunder within five Business Days shall only be made by hand or via telecopy or courier. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the recipient’s next Business DayNotes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of an original executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Genuity Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications ------------ provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or telex communication) and mailed, telegraphed, telecopied, telexed or delivered by hand or an overnight courier service, mailed or sent by facsimileof nationally recognized standing, if to the BorrowerBorrower or any other Loan Party, to it in care at the address of FE the Borrower at its address at ▇▇ ▇TeleSpectrum Worldwide, Inc., ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇, Attention: TreasurerChief Financial Officer, Facsimile: telecopier number (▇▇▇) ▇▇▇-▇▇▇▇; if to any Initial Lender or any Initial Issuing Bank, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇Structured Finance Group, telecopier number (▇▇▇)212) 418-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties8269; or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telegraphed, telecopied, telexed or sent by courier, be effective when deposited in the mails, delivered to the telegraph company, transmitted by telecopier, confirmed by telex answerback or delivered to the overnight courier, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (Telespectrum Worldwide Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telex, telecopy or cable communication) and mailed, telegraphed, telexed, telecopied, cabled or delivered by hand or overnight courier service, mailed or sent by facsimilehand, if to the Borrower, to it in care of FE at its address at ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, Dallas, Texas 75240, Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Executive Vice President; if to any Lender, at its Domestic Lending Office specified opposite its name on Schedule I hereto; if to the Documentation Agent, at its address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Senior Vice President, and if to the Administrative Agent, at its address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Heritage Media Account Officer; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇as to the Borrower, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAdministrative Agent or the Documentation Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telegraphed, telexed, telecopied, cabled or delivered, be effective when deposited in the mails, delivered to the telegraph company, confirmed by telex answerback, telecopied with confirmation of receipt, delivered to the cable company or delivered by hand to the addressee or its agent, respectively, except that notices and communications to the Administrative Agent or the Documentation Agent, as the case may be, pursuant to Article II or IX shall not be effective until received after by the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAdministrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Heritage Media Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other ------------ communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or telex communication) and delivered mailed by hand certified mail return receipt requested, telegraphed, telecopied, telexed or overnight courier service, mailed or sent by facsimile, delivered: (i) if to any of the BorrowerBorrowers, to it in care of FE at its address at ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Telecopier No.: (▇▇▇) ▇▇▇-▇▇▇▇, Attention: ▇▇. ▇▇▇ ▇▇▇▇▇; (ii) if to any of the Initial Lenders, at its Base Rate Lending Office specified opposite its name on Schedule I hereto; (iii) if to any of the other Lenders, at its Base Rate Lending Office specified on Schedule I to the Assignment and Acceptance pursuant to which it became a Lender; and (iv) if to the Administrative Agent or the Arranger, at its address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Telecopier No.: (212) 793- 8879, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇; or (▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ v) as to each of the Borrowers and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAdministrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to each of the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to each of the Borrowers and the Administrative Agent. Notwithstanding any of the other parties. Subject provisions of the Loan Documents, any notice to the other notice requirements of this Agreement, all notices and communications given Borrowers or to any party hereto in accordance with the provisions of them required to be made under this Agreement shall be deemed or any of the other Loan Documents that is delivered to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given Fox Kids in accordance with this Section 8.029.02 shall constitute effective notice to the Borrowers or to any such Borrower. If All such notices and communications are shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered to the telegraph company, transmitted by telecopier or confirmed by telex answerback, respectively, addressed as aforesaid, except that notices and communications to the Administrative Agent pursuant to Article II, III or VIII shall not be effective until received after by the normal business hours Administrative Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed effective as delivery of a manually executed counterpart thereof. (b) If any notice required under this Agreement or any of the other Loan Documents is permitted to be made, and is made, by telephone, actions taken or omitted to be taken in reliance thereon by the Administrative Agent or any of the Lenders shall be binding upon the Borrowers notwithstanding any 146 inconsistency between the notice provided by telephone and any subsequent writing in confirmation thereof provided to the Administrative Agent or such Lender; provided that any such action taken or omitted to be taken by the Administrative Agent or such Lender shall have been given upon in good faith and in accordance with the opening terms of the recipient’s next Business Daythis Agreement.

Appears in 1 contract

Sources: Credit Agreement (Fox Television Stations Inc /De/)

Notices, Etc. Unless specifically Any Agent, any Bank, or the holder of any Loan or Note giving consent or notice or making any request of the Company provided otherwise in this Agreementfor hereunder, all notices shall notify each Bank and the Administrative Agent thereof. In the event that the holder of any Loan or Note (including any Bank) shall transfer such Loan or Note, it shall promptly so advise the Administrative Agent which shall be entitled to assume conclusively that no transfer of any Loan or Note has been made by any holder (including any Bank) unless and until such Agent receives written notice to the contrary. Notices, consents, requests, approvals, demands, and other communications (collectively "Communications") provided for hereunder herein shall be in writing (including facsimiletelecopy Communications) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimile, if delivered: (a) If to the BorrowerCompany, to it in care of FE at its address at at: Southwest Airlines Co. P.O. Box 36611 Love Field Dal▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Laura Wright (; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if ) ▇▇ to the Administrative Agent, at its address at, ▇▇ ▇▇ ▇▇: JPMorgan Chase BankBank Loan and Agency Service 1111 Fannin, N.A.10th Floor Houston, Texas 77002 ▇▇▇▇▇▇▇▇ Number: (713) 750-2938 Attention: Michael V. Chau with a copy to (other than i▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇unding matters): JPMorgan Chase Bank 270 Park Avenue New York, New York 10017 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇: (▇▇▇) ▇▇▇-▇▇▇▇ Attention: Matthew Massie (▇) If to any Bank or any other A▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified fied on Schedule II heretoI hereto or, at in the case of any party, such other address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at or telecopy number as such address as shall be designated party may hereafter specify for such purpose by such Fronting Bank in a written notice to the other parties; or. All Communications shall, as to each partywhen mailed, at such other address as telecopied or delivered, be effective and shall be deemed to have been duly given when sent by telecopier to any party or the telecopier number as set forth herein or on the signature pages hereof (or other telecopy number designated by such party in a written notice to the other parties. Subject parties hereto), or five days after being mailed to the address as set forth herein (or such other address designated by such party in a written notice to the other notice requirements of this Agreementparties hereto) respectively, all notices and communications given or when delivered to such address; provided, however, Communications to any party hereto in accordance with the provisions of this Agreement Agent pursuant to Article II or Article VIII shall not be deemed to have been given on the date of receipt if delivered effective until received by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business DayAgent.

Appears in 1 contract

Sources: Competitive Advance and Revolving Credit Facility Agreement (Southwest Airlines Co)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier or telegraphic communication) and mailed, telecopied, telegraphed or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to any Borrower at the Borrower, to it in care of FE at its Company’s address at ▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (Facsimile number ▇▇▇) ▇▇▇-▇▇▇▇, Attention: Vice President-Law; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇Bank Loan Syndications Department; or, as to the Company or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (▇▇▇ii) or (iv) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Company by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as CUSA or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(i)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-▇▇▇-▇▇▇▇, Email: mail at ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto. The Company agrees that the Agent may make such materials, at the address specified opposite its name on Schedule II hereto; if to as well as any other Fronting Bankwritten information, at documents, instruments and other material relating to the Company, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such address notices on Intralinks or a substantially similar electronic system (the “Platform”). The Company acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as shall be designated is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by such Fronting Bank the Agent or any of its Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 1 contract

Sources: Credit Agreement (Avaya Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier) and mailed, telecopied or delivered by hand or overnight courier service, mailed or sent by facsimile, hand: (a) if to the Borrower: The MONY Group Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, to it in care of FE at its address at ▇▇ ▇▇▇▇▇ Attention: Mr. ▇▇▇▇ ▇▇▇▇▇▇, Vice President-Treasurer Telephone No.: ▇▇▇-▇▇▇-▇▇▇▇ Telecopier No.: ▇▇▇-▇▇▇-▇▇▇▇ (b) if to the Administrative Agent: Citibank, N.A. ▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, AttentionTelephone No.: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email▇ Telecopier No.: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email▇ Email Address: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; ▇ Table of Contents (c) if to any Fronting Bank identified on Schedule II heretoLender, at the address Domestic Lending Office specified opposite its name on Schedule II heretoin the Administrative Questionnaire of such Lender; if or, as to any other Fronting Bankthe Borrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent. Subject to the other notice requirements of this Agreement, all All such notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been duly given on or made (i) in the date case of receipt if hand deliveries, when delivered by hand or overnight courier servicehand, (ii) in the case of mailed or sent by facsimile to such party notices, three Business Days after being deposited in the mail, postage prepaid, and received (iii) in the case of telecopier notice, when transmitted and confirmed during the normal business hours (or, if delivered after the close of such party as normal business hours, at the beginning of business hours on the next Business Day), except that notices and communications to the Administrative Agent pursuant to Article 2 or 7 shall not be effective until received by the Administrative Agent; provided in that the Borrower agrees to deliver notices and other information that it is obligated to furnish to the Administrative Agent pursuant to this Section 8.02 or Agreement in accordance with the latest unrevoked direction from Communications Agreement; provided further that each Lender acknowledges and accepts the terms of the Communications Agreement and agrees that Communications (as defined in the Communications Agreement) may be made available to such party given Lender as provided in accordance with this Section 8.02. If such notices and communications are received the Communications Agreement, agrees to provide to the Administrative Agent, promptly after the normal business hours date of this Agreement, an e-mail address for receipt of each notice to such Lender that Communications have been posted on the Platform referred to in the Communications Agreement, and agrees that such notice to such Lender of such party, receipt posting shall be deemed constitute effective delivery of such Communications to have been given upon the opening of the recipient’s next Business Daysuch Lender hereunder.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Mony Group Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier, telegraphic or telex communication) and mailed, telecopied, telegraphed, telexed or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to any Loan Party, at the Borrower, to it in care address of FE the Borrower at its address at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇Group General Counsel; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇Bank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (▇▇▇ii) or (iv) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(i)(i), (ii), (iv) and (vi) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-▇▇▇-▇▇▇▇, Email: mail at ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto. The Borrower agrees that the Agent may make such materials, at the address specified opposite its name on Schedule II hereto; if to as well as any other Fronting Bankwritten information, at documents, instruments and other material relating to the Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the "Communications") available to the Lenders by posting such address notices on Intralinks, "e-Disclosure", the Agent's internet delivery system that is part of Fixed Income Direct, Global Fixed Income's primary web portal, or a substantially similar electronic transmission system (the "Platform"). The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided "as shall be designated is" and "as available" and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by such Fronting Bank the Agent or any of its Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice "Notice") specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender's e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 1 contract

Sources: Credit Agreement (Fox Entertainment Group Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇Vice President - Finance; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇(▇▇▇)-▇▇▇-▇▇▇▇Bank Loan Syndications Department; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours Agent. Delivery by telecopier of such party, receipt an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Daya manually executed counterpart thereof.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Manpower Inc /Wi/)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all notices (a) Notices and other communications provided for hereunder shall be either (i) in writing (including facsimiletelecopier, telegraphic or telex communication) and mailed, telecopied or otherwise delivered by hand or overnight courier service, mailed or sent by facsimile(ii) as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if to the Borrower, to it in care of FE at its address at West Penn Power Company, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: Treasurer, FacsimileFax: (▇▇▇) ▇▇▇-▇▇▇▇, Attention: General Counsel and Chief Financial Officer; if to any Initial Lender, the Initial Issuing Bank, any Lender or any Issuing Bank, at its Applicable Domestic Lending Office specified opposite its name on Schedule I heretoOffice; if to any other Lender, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor Mailstop P7-PFSC- 04-1, Newark, DE 19713-2105, 76 WPPC Credit Agreement Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank the Borrower or the Administrative Agent, as the case may be, in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Borrower and the Administrative Agent, provided that materials required to be delivered pursuant to Section 5.04 shall be delivered to the other notice requirements of this Agreement, all notices and communications given Administrative Agent as specified in Section 8.02(b) or as otherwise specified to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on Borrower by the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02Administrative Agent. If All such notices and communications are shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, Article III or Article VII shall not be effective until received after by the normal business hours Administrative Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as PNC Bank is the Administrative Agent, the Borrower hereby agrees that it will provide to the Administrative Agent all information, documents and other materials that it is obligated to furnish to the Administrative Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to a request for a new, or a conversion of an existing, borrowing or other extension of credit (including any election of an interest rate or interest period relating thereto), (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or (iv) is required to be delivered to satisfy any condition precedent to the effectiveness of this Agreement and/or any borrowing or other extension of credit hereunder (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to ▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇.▇▇▇. In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Financing Documents but only to the extent requested by the Administrative Agent. (c) The Borrower further agrees that the Administrative Agent may make the Communications available to the Lender Parties by posting the Communications on Intralinks or a substantially similar electronic transmission system (the “Platform”). (d) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENT PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 77 WPPC Credit Agreement ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL, NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (e) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address set forth above shall constitute effective delivery of the Communications to the Administrative Agent for purposes of the Financing Documents. Each Lender Party agrees that receipt of notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender Party for purposes of the Financing Documents. Each Lender Party agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such party, receipt Lender Party’s e-mail address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such e-mail address. (f) Nothing herein shall be deemed to have been given upon prejudice the opening right of the recipient’s next Business DayAdministrative Agent or any Lender Party to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document.

Appears in 1 contract

Sources: Credit Agreement (Allegheny Energy, Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier or telegraphic communication) and mailed, telecopied, telegraphed or delivered by hand or overnight courier service, mailed or sent by facsimile(y) as and to the extent set forth in Section 9.02(b) and in the proviso to this Section 9.02(a), if to the Borrower or any Loan Party, at the Borrower, to it in care of FE at its ’s address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, PhoneAttention: +▇Bank Loan Syndications Department; or, as to the Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Borrower and the Agent, provided that materials required to be delivered pursuant to Section 5.01(i)(i), (▇▇▇ii) or (iv) shall be delivered to the Agent as specified in Section 9.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and communications shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or any other Loan Document or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as Citibank or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(i)(i), (ii) and (iv) shall be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-▇▇▇-▇▇▇▇, Email: mail at ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto. The Borrower agrees that the Agent may make such materials, at the address specified opposite its name on Schedule II hereto; if to as well as any other Fronting Bankwritten information, at documents, instruments and other material relating to the Borrower, any of its Subsidiaries or any other materials or matters relating to this Agreement, any other Loan Document or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by posting such address notices on Intralinks or a substantially similar electronic system (the “Platform”). The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided “as shall be designated is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by such Fronting Bank the Agent or any of its Affiliates in a written connection with the Platform. (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice “Notice”) specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s e-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address.

Appears in 1 contract

Sources: Credit Agreement (Sra International Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be either (x) in writing (including facsimiletelecopier, electronic mail and other forms of electronic communication) and delivered by hand or overnight courier servicemailed, mailed or telecopied, telegraphed, sent by facsimileelectronic mail or delivered or (y) communicated as and to the extent set forth in Section 8.02(b) and in the proviso to this Section 8.02(a), if addressed as follows: If to the Borrower, to it in care of FE at its address at ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: TreasurerChief Financial Officer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇with a copy to General Counsel; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, JPMorgan Chase Bank▇▇▇▇▇ ▇▇, N.A.▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇, with a copy to ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if or, as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other parties. Subject Borrower and the Agent; provided that materials required to be delivered pursuant to Section 5.01(i)(i), (ii) or (iii) shall be delivered to the other notice requirements of this Agreement, all Agent as specified in Section 8.02(b) or as otherwise specified to the Borrower by the Agent. All such notices and communications given shall, when mailed, telecopied, telegraphed or e-mailed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by e-mail, respectively, except that notices and communications to the Agent pursuant to Article II, III or VII shall not be effective until received by the Agent. Delivery by telecopier or e-mail of an executed counterpart of any party hereto in accordance with the provisions amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as JPMCB or any of its Affiliates is the Agent, materials required to be delivered pursuant to Section 5.01(i)(i), (ii) and (iii) shall be either (x) delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-mail at ▇▇▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ or (y) deemed to have been given delivered when the Borrower provides notice to the Agent by e-mail at ▇▇▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ that such materials are posted on the date SEC’s website at ▇▇▇.▇▇▇.▇▇▇. The Borrower agrees that the Agent may make such materials, as well as any other written information, documents, instruments and other material relating to the Borrower, any of receipt if delivered its Subsidiaries or any other materials or matters relating to this Agreement, the Notes or any of the transactions contemplated hereby (collectively, the “Communications”) available to the Lenders by hand posting such notices on Intralinks or overnight courier servicea substantially similar electronic system (the “Platform”). The Borrower acknowledges that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, mailed (ii) the Platform is provided “as is” and “as available” and (iii) neither the Agent nor any of its Affiliates warrants the accuracy, adequacy or sent completeness of the Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third party rights or freedom from viruses or other code defects, is made by facsimile the Agent or any of its Affiliates in connection with the Platform. (c) Each Lender agrees that notice to such party and received during the normal business hours of such party it (as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after next sentence) (a “Notice”) specifying that any Communications have been posted to the normal business hours Platform shall constitute effective delivery of such partyinformation, receipt documents or other materials to such Lender for purposes of this Agreement; provided that, if requested by any Lender, the Agent shall be deemed to have been given upon the opening deliver a copy of the recipientCommunications to such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender’s next Business Daye-mail address to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party to this Agreement (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be sent to such e-mail address.

Appears in 1 contract

Sources: Credit Agreement (Coventry Health Care Inc)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all (a) All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed (return receipt requested), telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the BorrowerCompany or to any Designated Subsidiary, to it in care of FE at its the Company's address at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇, Attention: Assistant Treasurer; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assumption Agreement or the Assignment and Assumption Acceptance pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A.at ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Bank Loan Syndications Department, with a copy to ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇ ▇▇▇▇▇▇; and if to the Swing Line Agent, at its address at ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇▇▇ ▇▇▇ ▇▇▇, Email: ▇▇▇▇▇▇▇▇., Attention: ▇▇▇@▇▇▇▇▇.▇▇ and ▇▇/▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇; or, as to any Borrower or the Agent, at such other address as shall be designated by such party in a written notice to the other parties and, as to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Agent; provided that materials as may be agreed between the Borrowers and the Agent may be delivered to the Agent in accordance with clause (b) below. All such notices and communications shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Agent pursuant to Article II, III or VIII shall not be effective until received by the Agent. Delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the Notes or of any Exhibit hereto to be executed and delivered hereunder shall be effective as delivery of a manually executed counterpart thereof. (b) So long as CUSA or any of its Affiliates is the Agent, such materials required to be delivered pursuant to Section 5.01(h)(i), (ii), (iii) and (iv) as may be agreed between the Borrowers and the Agent may be delivered to the Agent in an electronic medium in a format acceptable to the Agent and the Lenders by e-▇▇▇-▇▇▇▇, Email: mail at ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if . The Borrowers agree that the Agent may make such materials (the "Communications") available to the Lenders by posting such notices on Intralinks or a substantially similar electronic system (the "Platform"). The Borrowers acknowledge that (i) the distribution of material through an electronic medium is not necessarily secure and that there are confidentiality and other risks associated with such distribution, (ii) the Platform is provided "as is" and "as available" and (iii) neither the Agent nor any Fronting Bank identified on Schedule II heretoof its Affiliates warrants the accuracy, at adequacy or completeness of the address specified opposite its name on Schedule II hereto; if to Communications or the Platform and each expressly disclaims liability for errors or omissions in the Communications or the Platform. No warranty of any other Fronting Bankkind, at such address as shall be designated by such Fronting Bank in express, implied or statutory, including, without limitation, any warranty of merchantability, fitness for a written particular purpose, non-infringement of third party rights or freedom from viruses or (c) Each Lender agrees that notice to it (as provided in the other parties; or, as to each party, at such other address as shall be designated by such party in next sentence) (a written notice "Notice") specifying that any Communications have been posted to the Platform shall constitute effective delivery of such information, documents or other parties. Subject materials to the other notice requirements such Lender for purposes of this Agreement, all notices and communications given ; provided that if requested by any Lender the Agent shall deliver a copy of the Communications to any such Lender by email or telecopier. Each Lender agrees (i) to notify the Agent in writing of such Lender's e-mail address(es) to which a Notice may be sent by electronic transmission (including by electronic communication) on or before the date such Lender becomes a party hereto in accordance with the provisions of to this Agreement shall (and from time to time thereafter to ensure that the Agent has on record an effective e-mail address for such Lender) and (ii) that any Notice may be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Daye-mail address(es).

Appears in 1 contract

Sources: Five Year Credit Agreement (Honeywell International Inc)

Notices, Etc. Unless specifically Except as otherwise expressly provided otherwise in this Agreementherein, all notices and other communications provided for hereunder under the Loan Documents shall be in writing (including facsimilefacsimile communication) and delivered by hand or overnight courier servicemailed, mailed or sent by facsimile, facsimile or hand delivered: (i) if to the Borrower, to it in care of FE NUSCO at its address at ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: Assistant Treasurer, Facsimilefacsimile number: (860) 665-5457, confirm number: (▇▇▇) ▇▇▇-▇▇▇▇; (ii) if to any Bank, at its Domestic Lending Office specified opposite its name on Schedule I hereto; (iii) if to any Lender other than a Bank, at its Domestic Lending Office specified in the Lender Assignment pursuant to which it became a Lender; (iv) if to the Administrative Agent, at its address at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Los Angeles, California 90071, Attention: ▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Energy Capital Services, facsimile number: (▇▇▇) ▇▇▇-▇▇▇▇, confirm number: (▇▇▇) ▇▇▇-▇▇▇▇; and (v) if to any the Fronting Bank, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, address at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; if to the Administrative Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇, ▇▇▇▇▇ ▇▇▇▇, NCC5▇▇▇▇▇▇▇, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, EmailAttention: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Phonefacsimile number: +▇(▇▇▇)-) ▇▇▇-▇▇▇▇, Emailconfirm number: (▇▇▇) ▇▇▇-▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting Bank, at such address as shall be designated by such Fronting Bank in a written notice to the other parties; . or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, sent by facsimile or hand delivered, be effective five days after when deposited in the mails, or when sent by facsimile, or when delivered, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III, IV or IX shall not be effective until received after by the normal business hours Administrative Agent. With respect to any telephone notice given or received by the Administrative Agent pursuant to Section 3.03 hereof, the records of such party, receipt the Administrative Agent shall be deemed to have been given upon the opening of the recipient’s next Business Dayconclusive for all purposes.

Appears in 1 contract

Sources: Credit Agreement (Northeast Utilities System)

Notices, Etc. Unless specifically provided otherwise in this Agreement(a) All notices, all notices consents, requests, approvals, demands and other communications (collectively “Communications”) provided for hereunder herein shall be in writing (including facsimilefacsimile Communications) and delivered by hand mailed, telecopied or overnight courier service, mailed or sent by facsimile, delivered: (i) if to the Borrower, to it in care of FE at its address at at: 85 Revolving Credit Facility ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile▇▇ Telecopy No.: (▇▇▇) ▇▇▇-▇▇▇▇; if to any BankWith a copy to: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, at its Applicable Lending Office specified opposite its name on Schedule I hereto; if to any other Lender▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, at its Applicable Lending Office specified in the Assignment and Assumption pursuant to which it became a Lender; ▇▇▇▇▇ ▇▇▇▇▇ Attention: General Counsel Telecopy No.: (▇▇▇) ▇▇▇-▇▇▇▇; (ii) if to the Administrative Agent, to it at its address at, JPMorgan Chase Bank, N.A., c/o Barclays Bank PLC ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ / ▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ Phone: ▇▇▇-▇▇▇-▇▇▇▇ (iii) if to the Swingline Lender, NCC5, Floor 1, Newark, DE 19713-2105, Attention: to it at c/o Barclays Bank PLC ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇▇., ▇▇@▇▇▇▇▇.▇▇and ▇▇Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ / ; if to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; ▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇▇▇.▇▇▇ Phone: ▇▇▇-▇▇▇-▇▇▇▇ (i) if to any other Fronting Lender or to any Issuing Bank, to it at such its address as shall be designated (or telecopy number) set forth in the Administrative Questionnaire delivered by such Fronting Bank Person to the Administrative Agent or in a written the Assignment and Acceptance executed by such Person; or, in the case of any party hereto, such other address or telecopy number as such party may hereafter specify for such purpose by notice to the other parties. (b) Communications to the Lenders hereunder may be delivered or furnished by electronic communications (including electronic mail and internet or intranet websites) pursuant to procedures approved by the Administrative Agent; orprovided that the foregoing shall not apply to notices pursuant to Article II unless otherwise agreed by the Administrative Agent and the applicable Lender. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. (c) Unless the Administrative Agent otherwise prescribes, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), and (ii) notices or communications posted to each partyan Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at such other its e-mail address as shall be designated by described in the foregoing clause (i), of notification that such party in a written notice to or communication is available and identifying the website address therefor; provided that, for both clauses 86 Revolving Credit Facility (i) and (ii) above, if such notice, email or other parties. Subject to communication is not sent during the other normal business hours of the recipient, such notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement or communication shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If such notices and communications are received after the normal business hours of such party, receipt shall be deemed to have been given upon at the opening of business on the next business day for the recipient’s next Business Day. (d) Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto.

Appears in 1 contract

Sources: Credit Agreement (Kinder Morgan, Inc.)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelegraphic, telecopy or telex communication) and delivered by hand mailed, telegraphed, telecopied, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the any Borrower, at 555 Theo▇▇▇▇ ▇▇▇▇▇ ▇▇▇nue, Rye, New York 10580, Attention: Paul ▇▇▇▇▇, ▇ith a copy to it in care of FE WHX Corporation at its address at ▇▇ ▇110 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention▇ttention: Treasurer, Facsimile: (Stew▇▇) . ▇▇-▇▇▇▇; if ▇f to any Initial Lender or any Initial Issuing Bank, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other LenderLender Party, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a LenderLender Party; if to the Administrative Collateral Agent, at its address at, JPMorgan Chase Bank, N.A., ▇▇▇ ▇▇▇at 399 ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Emailtention: Keit▇ ▇▇▇▇▇▇; ▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇d if to the Administrative Agent, at its address at 399 ▇▇▇▇ ▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇ttention: Keit▇ ▇▇▇▇▇▇▇.; ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if , as to any Fronting Bank identified on Schedule II hereto, at Borrower or the address specified opposite its name on Schedule II hereto; if to any other Fronting BankAdministrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesCompany and the Administrative Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telegraphed, telecopied or telexed, be effective when deposited in the mails, delivered to the telegraph company, transmitted by telecopier or confirmed by telex answerback, respectively, except that notices and communications to any Agent pursuant to Article II, III or VII shall not be effective until received after by such Agent. Manual delivery by telecopier of an executed counterpart of any amendment or waiver of any provision of this Agreement or the normal business hours Notes or of such party, receipt any Exhibit hereto to be executed and delivered hereunder shall be deemed to have been given upon the opening effective as delivery of the recipient’s next Business Dayan original executed counterpart thereof.

Appears in 1 contract

Sources: Credit Agreement (WHX Corp)

Notices, Etc. Unless specifically provided otherwise in this Agreement, all All notices and other communications provided for hereunder shall be in writing (including facsimiletelecopier, telegraphic or telex communication) and delivered by hand mailed, telecopied, telegraphed, telexed or overnight courier service, mailed or sent by facsimiledelivered, if to the Borrower, to it in care of FE at its address at ▇▇ ▇▇6100 ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, Attention: Treasurer, Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇tention: Secretary, with a copy to: Chief Financial Officer at such address; if to any BankInitial Lender, at its Applicable Domestic Lending Office specified opposite its name on Schedule I hereto; if to any other Lender, at its Applicable Domestic Lending Office specified in the Assignment and Assumption Acceptance pursuant to which it became a Lender; and if to the Administrative Agent, at its address atat Bank Loan Syndications, JPMorgan Chase Bank1 Court Square, N.A.Seventh Floor, ▇▇▇ ▇▇▇Long Island City, New York, 11120, Attention: Mr. Ed Volwinkel, with a copy to 399 ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, NCC5, Floor 1, Newark, DE 19713-2105, Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇tention: Chemicals Department; or, Email: ▇▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Phone: +▇(▇▇▇)-▇▇▇-▇▇▇▇, Email: ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇; if as to any Fronting Bank identified on Schedule II hereto, at the address specified opposite its name on Schedule II hereto; if to any other Fronting BankBorrower or the Administrative Agent, at such other address as shall be designated by such Fronting Bank party in a written notice to the other parties; orparties and, as to each other party, at such other address as shall be designated by such party in a written notice to the other partiesBorrower and the Administrative Agent. Subject to the other notice requirements of this Agreement, all notices and communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the date of receipt if delivered by hand or overnight courier service, mailed or sent by facsimile to such party and received during the normal business hours of such party as provided in this Section 8.02 or in accordance with the latest unrevoked direction from such party given in accordance with this Section 8.02. If All such notices and communications are shall, when mailed, telecopied, telegraphed or telexed, be effective when deposited in the mails, telecopied, delivered to the telegraph company or confirmed by telex answerback, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VII shall not be effective until received after by the normal business hours of such party, receipt shall be deemed to have been given upon the opening of the recipient’s next Business Day.Administrative Agent. 54 50

Appears in 1 contract

Sources: Credit Agreement (Geon Co)