AZ Uses in Notices Clause

Notices from Plan Support Agreement

This PLAN SUPPORT AGREEMENT (together with all exhibits, schedules, and attachments hereto, as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this Agreement), dated as of June 22, 2017, is entered into by and among (a) Nuverra Environmental Solutions, Inc. (Nuverra) and Heckmann Water Resources Corporation, Heckmann Water Resources (CVR) Inc., 1960 Well Services, LLC, HEK Water Solutions, LLC, Appalachian Water Services, LLC, Badlands Power Fuels, LLC (a Delaware limited liability company), Badlands Power Fuels, LLC (a North Dakota limited liability company), Landtech Enterprises, L.L.C., Badlands Leasing, LLC, Ideal Oilfield Disposal, LLC, Nuverra Total Solutions, LLC, NES Water Solutions, LLC, and Heckmann Woods Cross, LLC (such entities, together with Nuverra, the Nuverra Parties), each of which is a debtor and debtor-in-possession (collectively, the Debtors) in a bankruptcy case (collectively, the Chapter 11 Cases) under chapter

Notices. All notices, requests, demands, document deliveries, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given, provided or made (i) when delivered personally; (ii) when sent by electronic mail (e-mail); or (iii) one Business Day after deposit with an overnight courier service, with postage prepaid to the Parties at the following addresses or e-mail addresses (or at such other addresses or e-mail addresses for a Party as shall be specified by like notice): If to the Debtors: Nuverra Environmental Solutions, Inc. 14624 North Scottsdale Road, Suite 300 Scottsdale, AZ 35254 Attn: Joe Crabb Robert D. Albergotti Phone: 602-903-7407 [email protected] [email protected] with a copy to (which shall not constitute notice): Shearman & Sterling LLP 599 Lexington Avenue New York, NY 10022 Attn: Fredric Sosnick, Esq. Sara Coelho, Esq. Phone: 212-848-4000 [email protected] [email protected] If to the Committee: Kilpatrick Townsend & Stockton LLP 1100 Peachtree Street NE, Suite 2800 Atlanta, GA, 30309-4528 Attn: Todd C. Meyers, Esq. Paul M. Rosenblatt, Esq. Phone: 404-815-6500 Fax: 404-815-6555 [email protected] [email protected] If to the Supporting Noteholders: To each Supporting Noteholder at the addresses or e-mail addresses set forth below the Supporting Noteholders signature page to this Agreement. with a copy (which shall not constitute notice) to the Supporting Noteholders Advisors at: Fried, Frank, Harris, Shriver & Jacobson LLP One New York Plaza New York, New York 10004 Attn: Brad Eric Scheler, Esq. Jennifer L. Rodburg, Esq. Phone: 212-859-8019 Fax: 212-859-4000 [email protected] [email protected]

Notices from Purchase Agreement

This PURCHASE AGREEMENT (this Agreement) is entered into as of June 21, 2017 by and between Taylor Morrison Home Corporation, a Delaware corporation (the Company) and each of the parties identified on Schedule I hereto (each a Seller and collectively, the Sellers).

Notices. All notices, demands or other communications to be given or delivered under or by reason of the provisions of this Agreement will be in writing and will be deemed to have been given when delivered personally, mailed by certified or registered mail, return receipt requested and postage prepaid, or sent via a nationally recognized overnight courier, or sent via facsimile to the recipient. Such notices, demands and other communications will be sent to the address indicated below: To the Sellers: At the address listed for each Seller on Schedule I hereto. To the Company: Taylor Morrison Home Corporation 4900 North Scottsdale Road, Suite 2000 Scottsdale, AZ 85251 Attention: Darrell C. Sherman, Esq. Executive Vice President, Chief Legal Officer and Secretary Facsimile: (866) 390-2612 E-mail:[email protected] with a copy to (which shall not constitute notice): Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY 10019-6064 Attention: John C. Kennedy Facsimile: (212) 757-3990 E-mail: [email protected] or such other address or to the attention of such other person as the recipient party shall have specified by prior written notice to the sending party.

Notices from Indenture

INDENTURE, dated as of June 6, 2017, among MERITAGE HOMES CORPORATION, a Maryland corporation, as issuer (the Issuer), the Guarantors (as hereinafter defined) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the Trustee).

Notices. Except for notice or communications to Holders, any notice or communication shall be given in writing and delivered in person, sent by facsimile, delivered by commercial courier service or mailed by first-class mail, postage prepaid, addressed as follows: If to the Issuer or any Guarantor: MERITAGE HOMES CORPORATION 8800 E. Raintree Drive Suite 300 Scottsdale, AZ 85260 Attention: Chief Financial Officer and General Counsel Fax Number: (480) 627-5022 with, in the case of any notice furnished pursuant to Article Six, a copy to: SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Street Phoenix, AZ 85004 Attention: Jeffrey Beck, Esq. Fax Number: (602) 382-6070 If to the Trustee: WELLS FARGO BANK, NATIONAL ASSOCIATION 333 S. Grand Ave., 5th Floor, Suite 5A Los Angeles, CA 90071 Attention: Corporate, Municipal & Escrow Services Meritage Administrator Fax Number: (213) 253-7598 Such notices or communications shall be effective when received and shall be sufficiently given if so given within the time prescribed in this Indenture. The Issuer, the Guarantors or the Trustee by written notice to the others may designate additional or different addresses for subsequent notices or communications. Any notice or communication mailed to a Holder shall be mailed to him by first-class mail, postage prepaid, at his address shown on the register kept by the Registrar. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication to a Holder is mailed in the manner provided above, it shall be deemed duly given, whether or not the addressee receives it. In case by reason of the suspension of regular mail service, or by reason of any other cause, it shall be impossible to mail any notice as required by this Indenture, then such method of notification as shall be made with the approval of the Trustee shall constitute a sufficient mailing of such notice.

NOTICES from Purchase and Sale Agreement

THIS PURCHASE AND SALE AGREEMENT (this "Agreement") made as of the ____ day of October, 2015 between AMERCO REAL ESTATE COMPANY, a Nevada corporation, having an address at 2727 North Central Avenue, Phoenix, Arizona 85004 ("Seller") and 23RD AND 11TH ASSOCIATES, L.L.C., a Delaware limited liability company, having an address c/o The Related Companies, L.P., 60 Columbus Circle, New York, New York 10023 ("Purchaser"). Each of Seller and Purchaser may be referred to in this Agreement as a "Party," and collectively as the "Parties."

NOTICES. All notices, demands, requests or other communications (each a "Notice" or collectively, "Notices") required to be given or which may be given in connection with this Agreement shall be in writing and shall be given by (a) certified mail, return receipt requested, postage prepaid, or (b) national overnight delivery service, next business day delivery, or (c) personal service, addressed as follows: If to Seller: AMERCO Real Estate Company 2727 North Central Avenue Phoenix, AZ 85004-1120 with a required copy to: AMERCO Real Estate Company 2727 North Central Avenue Phoenix, AZ 85004-1120 with a required copy to: Joshua Stein PLLC 501 Madison Avenue, Suite 402 New York, New York 10022 with a required copy to: Dickinson Wright PLLC 1850 N Central Avenue, Suite 1400 Phoenix, AZ 85004-4568 If to Purchaser: The Related Companies, L.P. 60 Columbus Circle New York, New York 10023 with a required copy to:

Notices from Purchase Agreement

This PURCHASE AGREEMENT (this Agreement) is entered into as of May 1, 2017 by and between Taylor Morrison Home Corporation, a Delaware corporation (the Company) and each of the parties identified on Schedule I hereto (each a Seller and collectively, the Sellers).

Notices. All notices, demands or other communications to be given or delivered under or by reason of the provisions of this Agreement will be in writing and will be deemed to have been given when delivered personally, mailed by certified or registered mail, return receipt requested and postage prepaid, or sent via a nationally recognized overnight courier, or sent via facsimile to the recipient. Such notices, demands and other communications will be sent to the address indicated below: To the Sellers: At the address listed for each Seller on Schedule I hereto. To the Company: Taylor Morrison Home Corporation 4900 North Scottsdale Road, Suite 2000 Scottsdale, AZ 85251 Attention: Darrell C. Sherman, Esq. Executive Vice President, Chief Legal Officer and Secretary Facsimile: (866) 390-2612 E-mail: [email protected] with a copy to (which shall not constitute notice): Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY 10019-6064 Attention: John C. Kennedy Facsimile: (212) 757-3990 E-mail: [email protected] or such other address or to the attention of such other person as the recipient party shall have specified by prior written notice to the sending party.

Notices from Exchange Agreement

This EXCHANGE AGREEMENT (as it may be amended from time to time in accordance with the terms hereof, the Agreement), dated as of April 27, 2017 and effective as of immediately prior to the consummation of the IPO (as defined below) (the Effective Time), is made by and among Carvana Co., a Delaware corporation (Pubco), Carvana Co. Sub LLC, a Delaware limited liability company that has elected to be taxed as a corporation for U.S. federal income tax purposes (the Corporation), Carvana Group, LLC, a Delaware limited liability company (the Company), and the holders from time to time of the Companys Common Units (as defined below) listed on the signature pages hereto as Members (collectively, the Members and individually, a Member).

Notices. All notices, demands or other communications to be given or delivered under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given or made when (a) delivered personally to the recipient, (b) delivered by means of electronic mail (with hard copy sent to the recipient by reputable overnight courier service (charges prepaid) that same day) if emailed before 5:00 p.m. Phoenix, Arizona time on a Business Day, and otherwise on the next Business Day, or (c) one (1) Business Day after being sent to the recipient by reputable overnight courier service (charges prepaid). Such notices, demands and other communications shall be sent to the address for such recipient set forth in the Companys books and records (or below, with respect to the Corporation), or to such other address or to the attention of such other person as the recipient party has specified by prior written notice to the sending party. If to the Company, the Corporation or Pubco to: c/o Carvana Co. 4020 E. Indian School Road Phoenix, AZ 85018 Telephone: (602) 852-6604 Attention: Paul Breaux, General Counsel E-mail: [email protected] with a copy (which shall not constitute notice to the Company, the Corporation or Pubco) to: Kirkland & Ellis LLP 300 North LaSalle Chicago, IL 60654 Telephone: (312) 862-2133 Attention: Robert M. Hayward, P.C. E-mail: [email protected]

Notices from Securities Purchase Agreement

This SECURITIES PURCHASE AGREEMENT (the Agreement), dated as of March 1, 2017, by and between Lithium Exploration Group, Inc., a Nevada corporation, with headquarters located at 3800 North Central Avenue, Suite 820, Phoenix, AZ 85012, (the Company), and Concord Holding Group, LLC, A New York limited liability company with its executive offices located at 1080 Bergen St., Suite 240, Brooklyn, NY 11216 (the Buyer).

Notices. All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery, telegram, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: If to the Company, to: Lithium Exploration Group, Inc. 3800 North Central Avenue, Suite 820 Phoenix, AZ 85012 Attn: Alex Walsh- CEO If to the Buyer: Concord Holding Group, LLC 1080 Bergen St., Suite 240 Brooklyn, NY 11216 Attn: Manager Each party shall provide notice to the other party of any change in address.

Notices

This TAX BENEFIT PRESERVATION PLAN (this "Plan"), dated as of April 18, 2017, is by and between Capstone Therapeutics Corp., a Delaware corporation (the "Company"), and Computershare Inc., a Delaware corporation, as rights agent (the "Rights Agent"). All capitalized terms used in this Plan have the meanings given thereto in Section 1.

Notices. Notices or demands authorized by this Plan to be given or made by the Rights Agent or by the holder of any Rights Certificate to or on the Company will be sufficiently given or made if in writing and sent by a recognized national overnight delivery service, fax (when such fax is transmitted to the fax number set forth below and confirmation of transmission is received) or first-class mail, postage prepaid, addressed (until another address is filed in writing with the Rights Agent by the Company) as follows: Capstone Therapeutics Corp. 1275 West Washington Street, Suite 104 Tempe, Arizona 85281 Attn: Chief Financial Officer Fax: with a copy (which will not constitute notice) to: Quarles & Brady LLP 2 N. Central Ave. Phoenix, AZ 85004 Attn: Steven P. Emerick Fax: (602) 417-2980 Subject to the provisions of Section 21, any notice or demand authorized by this Plan to be given or made by the Company or by the holder of any Rights Certificate to or on the Rights Agent will be sufficiently given or made if in writing and sent by a recognized national overnight delivery service, or first-class mail, postage prepaid, addressed (until another address is filed in writing with the Company by the Rights Agent) as follows: Computershare Inc. 250 Royall Street Canton, MA 02021 Attn: Client Services Notices or demands authorized by this Plan to be given or made by the Company or the Rights Agent to the holders of Rights or Rights Certificates (or, if prior to the Distribution Date, to the holders of Common Shares) will be sufficiently given or made if in writing and sent by a recognized national overnight delivery service or first-class mail, postage prepaid, addressed to such holder at the address of such holder as shown on the transfer books of the Rights Agent or the Company or the transfer agent for the Common Shares. Any notice that is sent or mailed in the manner herein provided will be deemed given whether or not the holder receives the notice. Notwithstanding anything to the contrary in this Plan, prior to the Distribution Date, the issuance of a press release or the making of a publicly-available filing by the Company with the Securities and Exchange Commission will constitute sufficient notice by the Rights Agent or the Company to the holders of securities of the Company, including the Rights, for all purposes of this Plan and no other notice need be given.

Notices from Lease Agreement

THIS LEASE AGREEMENT(Agreement), is entered into this 20th day of December, 2013 (Effective Date), by and between Central Freight Lines (Lessor), a _______________, and EVO Trillium, LLC, a Delaware limited liability company (Lessee). Lessor and Lessee may be referred to collectively as the Parties or singularly as a Party.

Notices. All notices concerning this Agreement, other than the day-to-day communications between the Parties, shall be in writing and shall be sent to the relevant address set forth below. The Parties may designate other addressees or addresses by notice to the other Party. A notice shall be deemed effective (a) when given by hand delivery; (b) three days after deposit into the U.S. mail, postage prepaid; or (c) one business day after deposit with commercial overnight delivery service, charges prepaid. ___________________________ EVO Trillium, LLC Attn:_______________________ Attn: Damon Cuzick ___________________________ 9899 W. Roosevelt Street ___________________________ Tolleson, AZ 85353

Notices from Restructuring Support Agreement

This RESTRUCTURING SUPPORT AGREEMENT (together with all exhibits, schedules, and attachments hereto, as amended, supplemented, or otherwise modified from time to time in accordance with the terms hereof, this Agreement), dated as of April 9, 2017, is entered into by and among (a) Nuverra Environmental Solutions, Inc. (Nuverra) and Heckmann Water Resources Corporation, Heckmann Water Resources (CVR) Inc., 1960 Well Services, LLC, HEK Water Solutions, LLC, Appalachian Water Services, LLC, Badlands Power Fuels, LLC (a Delaware limited liability company), Badlands Power Fuels, LLC (a North Dakota limited liability company), Landtech Enterprises, L.L.C., Badlands Leasing, LLC, Ideal Oilfield Disposal, LLC, Nuverra Total Solutions, LLC, NES Water Solutions, LLC, and Heckmann Woods Cross, LLC (such entities, together with Nuverra, the (Company or, the Nuverra Parties); and (b) the undersigned holders of the 2021 Notes (as defined below) (together with their respective successors and permitted

Notices. All notices, requests, demands, document deliveries, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given, provided or made (a) when delivered personally; (b) when sent by electronic mail (e-mail); or (c) one Business Day after deposit with an overnight courier service, with postage prepaid to the Parties at the following addresses or e-mail addresses (or at such other addresses or e-mail addresses for a Party as shall be specified by like notice): If to the Company: Nuverra Environmental Solutions, Inc. 14624 North Scottsdale Road, Suite 300 Scottsdale, AZ 35254 Attn: Joe Crabb Robert D. Albergotti Phone: 602-903-7407 [email protected] [email protected] with a copy to (which shall not constitute notice): Shearman & Sterling LLP 599 Lexington Avenue New York, NY 10022 Attn: Douglas Bartner, Esq. Fredric Sosnick, Esq. Sara Coelho, Esq. Phone: 212-848-4000 [email protected] [email protected] [email protected] If to the Supporting Noteholders: To each Supporting Noteholder at the addresses or e-mail addresses set forth below the Supporting Noteholders signature page to this Agreement (or to the signature page to a Joinder Agreement in the case of any Supporting Noteholder that becomes a party hereto after the Support Effective Date). with a copy (which shall not constitute notice) to the Supporting Noteholders Advisors at: Fried, Frank, Harris, Shriver & Jacobson LLP One New York Plaza New York, New York 10004 Attn: Brad Eric Scheler, Esq. Jennifer L. Rodburg, Esq. Phone: 212-859-8019 Fax: 212-859-4000 [email protected] [email protected]