USA Uses in Notices Clause

Notices from Supply Agreement

This CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (this Agreement), made as of October 24, 2016 (the Effective Date), is by and between Athenex, Inc., also known as Kinex Pharmaceuticals, Inc. (Athenex), a Delaware corporation having a place of business at 1001 Main Street, Suite 600 Buffalo, New York, and Eli Lilly and Company, having a place of business at Lilly Corporate Center, Indianapolis, Indiana 46285 (Lilly Parent) and ImClone LLC, having a place of business at 450 East 29th Street 12th Floor, New York, NY 10016 (ImClone, and together with Lilly Parent, Lilly. Athenex and Lilly are each referred to herein individually as Party and collectively Parties.

Notices. All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally, sent by facsimile (and promptly confirmed by personal delivery or overnight courier), or sent by internationally-recognized overnight courier addressed as follows: If to Athenex, to: Athenex, Inc. Conventus Building 1001 Main Street, Suite 600 *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission. Buffalo, New York 14203 Attn: Teresa Bair, Esq., Legal Affairs Fascimile No: 866-895-1793 With a copy to: Athenex, Inc. Conventus Building 1001 Main Street, Suite 600 Buffalo, New York 14203 Attn: Robert Keem, Operations Fascimile No: 866-895-1793 If to Lilly, to: Eli Lilly and Company Lilly Corporate Center 893 S Delaware Indianapolis, IN, USA 46285 Attention: Sr VP of Clinical Development and Medical Affairs, Oncology Business Unit Facsimile No: (317) 277-3652 With a copy to: Eli Lilly and Company Lilly Corporate Center 893 S Delaware Indianapolis, IN, USA 46285 Attention: General Counsel Facsimile No: (317) 433-3000

Notices from Supply Agreement

This CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (this Agreement), made as of October 24, 2016 (the Effective Date), is by and between Athenex, Inc., also known as Kinex Pharmaceuticals, Inc. (Athenex), a Delaware corporation having a place of business at 1001 Main Street, Suite 600 Buffalo, New York, and Eli Lilly and Company, having a place of business at Lilly Corporate Center, Indianapolis, Indiana 46285 (Lilly Parent) and ImClone LLC, having a place of business at 450 East 29th Street 12th Floor, New York, NY 10016 (ImClone, and together with Lilly Parent, Lilly. Athenex and Lilly are each referred to herein individually as Party and collectively Parties.

Notices. All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally, sent by facsimile (and promptly confirmed by personal delivery or overnight courier), or sent by internationally-recognized overnight courier addressed as follows: If to Athenex, to: Athenex, Inc. Conventus Building 1001 Main Street, Suite 600 *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission. Buffalo, New York 14203 Attn: Teresa Bair, Esq., Legal Affairs Fascimile No: 866-895-1793 With a copy to: Athenex, Inc. Conventus Building 1001 Main Street, Suite 600 Buffalo, New York 14203 Attn: Robert Keem, Operations Fascimile No: 866-895-1793 If to Lilly, to: Eli Lilly and Company Lilly Corporate Center 893 S Delaware Indianapolis, IN, USA 46285 Attention: Sr VP of Clinical Development and Medical Affairs, Oncology Business Unit Facsimile No: (317) 277-3652 With a copy to: Eli Lilly and Company Lilly Corporate Center 893 S Delaware Indianapolis, IN, USA 46285 Attention: General Counsel Facsimile No: (317) 433-3000

Notices from Distribution Agreement

Notices. All notices and other communications hereunder shall be in writing and effective upon receipt and shall be deemed to have been duly given if mailed or transmitted by any standard form of telecommunication. Notices to any or all of the Agents shall be directed to the applicable address set forth on Schedule A attached hereto. Notices to the Company shall be directed to it at U.S. Bancorp, 800 Nicollet Mall, BC-MN-H18T, Minneapolis, Minnesota 55402, attention of the Assistant Treasurer. Each Agent hereby notifies the Company that in accordance with the requirements of the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), the Agents are required to obtain, verify and record information that identifies their respective clients, including the Company, which information may include the name and address of their respective clients, as well as other information that will allow the Agents to properly identify their respective clients.

Notices from Equity Distribution Agreement

CMS Energy Corporation, a Michigan corporation (the Company), confirms its agreement (this Agreement) with Deutsche Bank Securities Inc. (DBSI), as follows:

Notices. Except as otherwise provided in this Agreement (including by reference to Exhibit B attached hereto), all notices and other communications hereunder shall be in writing and shall be deemed to have been duly given if mailed or transmitted by any standard form of telecommunication. Notices to DBSI shall be directed to DBSI at Deutsche Bank Securities Inc., 60 Wall Street, 2nd Floor, New York, New York 10005, Attention: Equity Capital Markets Syndicate Desk, with a copy to Deutsche Bank Securities Inc., 60 Wall Street, 36th Floor, New York, New York 10005, Attention: General Counsel, fax no. 212-797-4561; notices to the Company shall be directed to it at CMS Energy Corporation, One Energy Plaza, Jackson, Michigan 49201, fax no. 517-788-2186, Attention of Vice President and Treasurer. In accordance with the requirements of the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)), DBSI is required to obtain, verify and record information that identifies its clients, including the Company, which information may include the name and address of its clients, as well as other information that will allow DBSI to properly identify its clients.

Notices from Supply Agreement

This CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (this Agreement), made as of October 24, 2016 (the Effective Date), is by and between Athenex, Inc., also known as Kinex Pharmaceuticals, Inc. (Athenex), a Delaware corporation having a place of business at 1001 Main Street, Suite 600 Buffalo, New York, and Eli Lilly and Company, having a place of business at Lilly Corporate Center, Indianapolis, Indiana 46285 (Lilly Parent) and ImClone LLC, having a place of business at 450 East 29th Street 12th Floor, New York, NY 10016 (ImClone, and together with Lilly Parent, Lilly. Athenex and Lilly are each referred to herein individually as Party and collectively Parties.

Notices. All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally, sent by facsimile (and promptly confirmed by personal delivery or overnight courier), or sent by internationally-recognized overnight courier addressed as follows: If to Athenex, to: Athenex, Inc. Conventus Building 1001 Main Street, Suite 600 *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission. Buffalo, New York 14203 Attn: Teresa Bair, Esq., Legal Affairs Fascimile No: 866-895-1793 With a copy to: Athenex, Inc. Conventus Building 1001 Main Street, Suite 600 Buffalo, New York 14203 Attn: Robert Keem, Operations Fascimile No: 866-895-1793 If to Lilly, to: Eli Lilly and Company Lilly Corporate Center 893 S Delaware Indianapolis, IN, USA 46285 Attention: Sr VP of Clinical Development and Medical Affairs, Oncology Business Unit Facsimile No: (317) 277-3652 With a copy to: Eli Lilly and Company Lilly Corporate Center 893 S Delaware Indianapolis, IN, USA 46285 Attention: General Counsel Facsimile No: (317) 433-3000

Notices from Distribution Agreement

This Agreement is effective this 1st day of June, 2014 ("Effective Date"), by and between Entranet Limited, a corporation organized and existing under the laws of Greece ("Manufacturer"), and Entranet Incorporated, a corporation organized and existing under the laws of the United States ("Distributor").

Notices. Any report, accounting, objection, notice, or consent required or provided for by the terms of this Agreement shall be in writing, and all accounting, obligations, notices, consents, and reports provided for hereunder shall be sent by registered mail, prepaid, or by facsimile to the business address of the party to be served therewith. It is agreed that the business addresses of the parties shall be as follows: If to Manufacturer: 44 Plateon Str., 54249 Thessaloniki, Greece If to Distributor: 101 Plaza Real South, St. 202N, Boca Raton, 33432 Florida, USA

NOTICES from Agreement

Company: Capstone Financial Group, Inc. Address: 8600 Transit Road, East Amherst, New York 14051, USA Country of Company Formation: USA Telephone: 1- (716) 462-3080 Email: [email protected] Represented by: Darin Pastor Nationality: USA Company Reg. No.: NV20121429901 (State of Nevada's business identification number)

NOTICES. Any notice, report, request, approval or consent required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been sufficiently given if delivered in person to ________________ (if to Buyer) or to 8600 Transit Road, East Amherst, New York 14051, USA, attention: Darin Pastor, Chief Executive Officer (if to Seller) or if emailed to [email protected]_______________ (if to Buyer) or to [email protected] (if to Seller). Either party may change its address or email address for all future notices, reports, requests, approvals and consents by giving, pursuant to this Section 8, written notice of such change of address or email address.

NOTICES from Agreement

Company: Capstone Financial Group, Inc. Address: 8600 Transit Road, East Amherst, New York 14051, USA Country of Company Formation: USA Telephone: 1-(866)-798-4478 Email: [email protected] Represented by: Darin Pastor Nationality: USA Company Reg. No.: NV20121429901 (State of Nevada's business identification number)

NOTICES. Any notice, report, request, approval or consent required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been sufficiently given if delivered in person to ________________ (if to Seller) or to 8600 Transit Road, East Amherst, New York 14051, USA, attention: Darin Pastor, Chief Executive Officer (if to Buyer) or if emailed to [***] (if to Seller) or to [email protected] (if to Buyer). Either party may change its address or email address for all future notices, reports, requests, approvals and consents by giving, pursuant to this Section 8, written notice of such change of address or email address.

NOTICES from Agreement

Company: Capstone Financial Group, Inc. Address: 8600 Transit Road, East Amherst, New York 14051, USA Country of Company Formation: USA Telephone: 1-(866)-798-4478 Email: [email protected] Represented by: Darin Pastor Nationality: USA Company Reg. No.: NV20121429901 (State of Nevada's business identification number)

NOTICES. Any notice, report, request, approval or consent required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been sufficiently given if delivered in person to ________________ (if to Seller) or to 8600 Transit Road, East Amherst, New York 14051, USA, attention: Darin Pastor, Chief Executive Officer (if to Buyer) or if emailed to [***] (if to Seller) or to [email protected] (if to Buyer). Either party may change its address or email address for all future notices, reports, requests, approvals and consents by giving, pursuant to this Section 8, written notice of such change of address or email address.

Notices from Purchase and Sale Agreement

This Purchase and Sale Agreement (this Agreement) is made and entered into as of February 25, 2016 (the Effective Date) by and between Village Real Estate LLC, a Delaware limited liability company (Seller), and BMOC-HOU (TX) LP, a Texas limited partnership (Purchaser).

Notices. Any notice to be given or to be served upon any party hereto, in connection with this Agreement must be in writing to the addresses as follows: If to Purchaser: c/o W. P. Carey Inc. 50 Rockefeller Plaza, 2nd Floor New York, New York 10020 Attention: Gino Sabatini and Zachary Pasanen Email: [email protected]; [email protected] With a copy to: c/o W. P. Carey Inc. 50 Rockefeller Plaza, 2nd Floor New York, New York 10020 Attention: Darren M. Sharlach, Esq., Jessica Dolfman Martin, Esq, and Abigail Lamb, Esq. Email: [email protected]; [email protected], and [email protected] If to Seller: Nord Anglia Education, HK Attention: Head of Legal Department Floor 12, St. Georges Building 2 Ice House Street, Central Hong Kong S.A.R. Tel +852 3951 1100 Email: [email protected] with copy to: Michael Sawyer Smith Baker & McKenzie 300 East Randolph Street, Suite 5000 Chicago, IL 60601, USA Phone: 312-861-8930 Email: [email protected] If any notice is given (a) by a private delivery service or recognized overnight courier, it shall be deemed to have been given and received when delivered or attempted to be delivered to the address of the party to whom it is addressed, and (b) by email transmission, it shall be deemed to have been given and received at the time confirmation of such transmission is received by the sender provided that a confirmation copy of such notice is also delivered by another method permitted under this Section 12. For the avoidance of doubt, any notice given pursuant to Section 4.6 of this Agreement may be delivered by email so long as it is otherwise delivered in accordance with the terms of this Section 12. Any party hereto may at any time, by giving five (5) days written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given.