Notices; Time Sample Clauses

Notices; Time. All notices and other communications provided under each Loan Document shall be in writing or by facsimile and addressed, delivered or transmitted, if to the Borrower, the Administrative Agent, a Lender or an Issuer, to the applicable Person at its address or facsimile number set forth on Schedule II hereto or set forth in the Lender Assignment Agreement, or at such other address or facsimile number as may be designated by such party in a notice to the other parties. Any notice, if mailed and properly addressed with postage prepaid or if properly addressed and sent by pre-paid courier service, shall be deemed given when received; any notice, if transmitted by facsimile, shall be deemed given when the confirmation of transmission thereof is received by the transmitter. Electronic mail and Internet and intranet websites may be used only to distribute routine communications by the Administrative Agent to the Lender, such as financial statements and other information as provided in Section 7.1.1 and for the distribution and execution of Loan Documents for execution by the parties thereto, and may not be used for any other purpose. The parties hereto agree that delivery of an executed counterpart of a signature page to this Agreement and each other Loan Document by facsimile (or electronic transmission) shall be effective as delivery of an original executed counterpart of this Agreement or such other Loan Document. Unless otherwise indicated, all references to the time of a day in a Loan Document shall refer to New York time.
Notices; Time. All notices and other communications provided under any Loan Document shall be in writing or by facsimile and addressed, delivered or transmitted, if to the Borrower or the Lender, to the applicable Person at its address or facsimile number set forth on Schedule 10.2 hereto, or at such other address or facsimile number as may be designated by such party in a notice to the other parties, and a copy of all notices shall be given by email at the email address for a party set forth therein, if any, or at such other email address as designated by such party to the other parties. Any notice, if mailed and properly addressed with postage prepaid or if properly addressed and sent by pre-paid courier service, shall be deemed given when received; any notice, if transmitted by facsimile, shall be deemed given when the confirmation of transmission thereof is received by the transmitter. Unless otherwise indicated, all references to the time of a day in a Loan Document shall refer to New York City time.
Notices; Time. (a) Except in the case of notices and other communications expressly permitted to be given by telephone (and subject to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile, as follows:
Notices; Time. All notices, consents, waivers, and other communications under this Note must be in writing and shall be deemed to have been duly given when (a) delivered by hand (with written confirmation of receipt), (b) upon written confirmation of receipt when sent by facsimile transmission; provided, that a hard copy is mailed by registered mail, return receipt requested promptly thereafter or (c) when received by the addressee, if sent by a nationally recognized overnight delivery service (receipt requested), in each case to the appropriate addresses set forth below (or to such other addresses as a party may designate by notice to the other parties): If to Lender: Pioneer Hi-Bred International, Inc. Attention: President DuPont Pioneer 7100 N.W. 62nd Avenue P.O. Box 1014 Johnston, IA 50131-1014 Fax: (515) 535-7066 With a copy to: Pioneer Hi-Bred International, Inc. Attention: General Counsel DuPont Pioneer 7250 N.W. 62nd Avenue P.O. Box 1014 Johnston, IA 50131-1014 Fax: (515) 535-4844 If to Borrower: S&W SEED COMPANY Attention: Chief Financial Officer 1974 N. Gateway Blvd., Suite 104 Fresno, CA 93727 Fax: (559) 255-5457 No Usury. It is expressly stipulated and agreed to be the intent of Borrower and Lender at all times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section 24 shall control every other covenant and agreement in this Note and the other Loan Documents. If applicable state or federal law should at any time be judicially interpreted so as to render usurious any amount called for under this Note or under any of the other Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the Loan, or if Lender's exercise of the option to accelerate any amounts due hereunder, or if any prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by applicable law, then it is Lender's express intent that all excess amounts theretofore collected by Lender shall be credited on the principal balance of this Note and all other indebtedness and the provisions of this Note and the other Loan Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit ...
Notices; Time. All notices, requests and demands to or upon the respective parties hereto to be effective shall be in writing (including by telecopy), and, unless otherwise expressly provided herein, shall be deemed to have been duly given or made when delivered by hand, or three Business Days after being deposited in the mail, postage prepaid, or, in the case of telecopy notice, when received, addressed as follows in the case of the Borrower and the Administrative Agent and as notified by each Lender to the Administrative Agent in the case of the Lenders, or to such other address as may be hereafter notified by the respective parties hereto and any future holders of the obligations owing hereunder: The Borrower: UST INC. 6 High Ridge Park, Building A Stamford, Connecticut 06905 Attention: Chief Financial Officer/Treasurer Telecopy: (203) 817-3538 The Administrative Agent: Morgan Stanley Senior Funding, Inc. One Pierrepont Plaza, 7th Floor 300 Cadman Plaza West Brooklyn, NY 11201 Telecopy: 212-507-6680 Telephone: 718-754-2167 E-mail: msagency@morganstanley.com provided that any notice, request or demand to or upon the Agent or the Lenders pursuant to Articles II or III shall not be effective until received.
Notices; Time. SECTION 10.3. Payment of Costs and Expenses SECTION 10.4. Indemnification
Notices; Time. All notices given under this Agreement must be in writing. All periods of time shall begin or end, as the case may be, on the day a notice is personally delivered to any recipient or on the date of mailing by first-class mail, postage prepaid, addressed to the recipient at his or her last known mailing address. In computing the period of days, the date of personal delivery or date of mailing of a notice shall be included. Any party may waive, in writing, any notice required to be given pursuant to this Agreement, whether before or after the required notice.
Notices; Time. All notices, requests, consents, approvals or demands (collectively, “Notice”) required or permitted by this Note to be given by any party to any other party hereunder shall be given in the manner set forth in Section 12.3 of the Loan Agreement.
Notices; Time. Any notice to be given hereunder by one party, unless expressly stated in this Agreement to the contrary, shall be in writing and sent by a recognized commercial overnight courier or by first-class United States mail, postage prepaid, to the other party at the address given above or at such other address as either party may hereafter specify to the other in writing. The postmark date shall be deemed to be the date of the giving of notice, except that the date of actual receipt shall be deemed to be the date of the giving of any notice of change of address. Wherever this Agreement requires the computation of time from or after a particular triggering date, the triggering date shall not be included in the computation. If any date upon which action is required under this Agreement shall be a Saturday, Sunday or legal holiday, the date for such action shall be extended to the first regular business day after such date which is not a Saturday, Sunday or legal holiday.
Notices; Time. Except as otherwise provided herein, any notices or other communications required or permitted hereunder shall be sufficient if made in writing and delivered personally, by messenger, by a nationally recognized overnight courier service, or sent by certified mail, return receipt requested, postage prepaid, and addressed to the appropriate party at its address stated on the first page hereof or to such other address as such party may substitute by written notice to the other as herein provided. The effective date of any notice shall be the date of delivery of the notice, if by personal delivery, messenger or courier service, or, if mailed, on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as non-deliverable, as the case may be. Any notice or other communication given by Lender in a manner other than as stated above shall not be insufficient if actually received by Borrower. TIME IS OF THE ESSENCE.