Common use of Notices and Other Communications Clause in Contracts

Notices and Other Communications. (a) Any communication between the parties hereto or notices provided herein to be given may be given as provided in Section 23.8 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Facility Agent as the context requires. (b) The Credit Facility Agent, the Issuing Banks, the Collateral Agent and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any of the Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advance, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agent.

Notices and Other Communications. All notices, consents, approvals and requests required or permitted hereunder shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) Any communication between hand delivery, with proof of attempted delivery, (b) certified or registered United States mail, postage prepaid, (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by email (with confirmation of receipt by the receiving party); provided that, other than email notices with respect to communications under this Agreement related to (1) deliveries in connection with Administrative Agent, on behalf of Buyers, due diligence inspections of the Purchased Assets, (2) requests for Transactions (including Future Advance Purchases, (3) notices of partial prepayments or draws on Margin Excess (including Future Advance Purchases), (4) the delivery of Confirmations, (5) notices of early repurchases, (6) deliveries of financial statements or other reporting required under this Agreement and (7) notices requesting consent for Significant Modifications, which will not require any further notice upon confirmation of receipt by the receiving party, that such email notice must also be delivered by one of the means set forth in clauses (a), (b) or (c) above, to the addresses specified in Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a written notice to the other parties hereto or notices in the manner provided herein to be given may be given as provided for in Section 23.8 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent 16. A notice shall be deemed references to the Credit Facility Agent as the context requires. (b) The Credit Facility Agent, the Issuing Banks, the Collateral Agent and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if have been given: (i) such notices were not made in a manner specified hereinthe case of hand delivery, were incomplete or were not preceded or followed by any other form at the time of notice specified herein, or delivery; (ii) in the terms thereofcase of registered or certified mail, as understood by when delivered or the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any of the Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advance, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, first attempted delivery on a Business Day; (iii) provides notice in the case of any Loan Facility Event of Default or Unmatured Loan Facility Event of Default expedited prepaid delivery upon the first attempted delivery on a Business Day; or (iv) in the case of email, upon receipt of confirmation or receipt; provided that such emailed notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Section 16 may elect to waive any deficiencies and treat such notice as having been properly given. Notwithstanding the foregoing, notices pursuant to Section 4 hereof may be delivered sent by electronic mail to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices set forth on Annex I attached hereto; provided that such notice delivered by email shall be deemed to Facility Agents and Facility Lenders) be given only upon receipt of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested confirmation of receipt by the Credit Facility Agentreceiving party.

Notices and Other Communications. (a) Any communication between Except in the parties hereto or case of notices provided herein and other communications expressly permitted to be given may by telephone, all notices and other communications provided for herein shall be given as provided in Section 23.8 (Notices) writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the Senior Facility Agent, the Common Terms AgreementSecurity Trustee, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) the Swing Line Lender, the Senior Issuing Banks or the Senior Lenders, as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Facility Agent as the context requiresapplicable, on Schedule 11.11. (b) Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; and notices sent by facsimile shall be deemed to have been given 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 shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, (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); provided that, if such notice or other communication is not received during the normal business hours of the recipient, such notice or communication shall be deemed to have been received at the opening of business on the next Business Day 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 Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor. Notwithstanding the above, all notices delivered by the Borrower to the Senior Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, the Senior Facility Agent and the Common Security Trustee may change its address, facsimile telephone number or email address for notices and other communications hereunder by notice to the other parties hereto. Any Senior Lender, the Swing Line Lender and any Senior Issuing Bank may change its address, facsimile, telephone number or email address for notices and other communications hereunder by notice to the Borrower, the Senior Facility Agent and the Common Security Trustee. (e) The Credit Senior Facility Agent, the Issuing BanksCommon Security Trustee, the Collateral Agent Swing Line Lender, the Senior Issuing Banks and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, herein or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks, the Senior Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Credit Senior Facility Agent, the Collateral AgentCommon Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders by the Borrower may be recorded by the Credit Senior Facility Agent, the Collateral AgentCommon Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (cf) The Senior Facility Agent agrees that the receipt of the communications by the Senior Facility Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the Senior Facility Agent for purposes of the Financing Documents. The Swing Line Lender, each Senior Issuing Bank and each Senior Lender agrees to notify the Senior Facility Agent in writing (including by electronic communication) from time to time of such Senior Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Senior Facility Agent, the Collateral AgentCommon Security Trustee, the Swing Line Lender, any of the Senior Issuing Banks Bank and any of the Senior Lenders to give any notice or other communication pursuant to any Finance Financing Document in any other manner specified in such Finance Financing Document. (dh) Notwithstanding anything to the contrary in any other Finance Document, for so So long as Natixis, New York Branch The Bank of Nova Scotia is the Credit Senior Facility Agent, the Borrower hereby agrees that it will provide to the Credit Senior Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Senior Facility Agent pursuant to the Finance 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 any AdvanceLoan borrowing, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance Extension of Credit (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 Credit Senior Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement11.11. In addition, the Borrower agrees to continue to provide the Communications to the Credit Senior Facility Agent in the manner specified in the Finance Financing Documents but only to the extent requested by the Credit Senior Facility Agent. (i) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower further agrees that the Senior Facility Agent may make the Communications available to the Senior Lenders by posting the Communications on an internet website that may, from time to time, be notified to the Senior Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the Senior Facility Agent in creating and maintaining the Platform shall be paid by the Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SENIOR FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS 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 SENIOR FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE SENIOR FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, THE SWING LINE LENDER, ANY SENIOR ISSUING BANK 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 ANY AGENT PARTY’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.

Notices and Other Communications. (a) Any communication between Except in the parties hereto or case of notices provided herein and other communications expressly permitted to be given may by telephone, all notices and other communications provided for herein shall be given as provided in Section 23.8 (Notices) writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the Senior Facility Agent, the Common Terms AgreementSecurity Trustee, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) the Swing Line Lender, the Senior Issuing Banks or the Senior Lenders, as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Facility Agent as the context requiresapplicable, on Schedule 11.11. (b) Notices sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received; and notices sent by facsimile shall be deemed to have been given 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 shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, (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); provided that, if such notice or other communication is not received during the normal business hours of the recipient, such notice or communication shall be deemed to have been received at the opening of business on the next Business Day 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 Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor. Notwithstanding the above, all notices delivered by the Borrower to the Senior Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, the Senior Facility Agent and the Common Security Trustee may change its address, facsimile telephone number or email address for notices and other communications hereunder by notice to the other parties hereto. Any Senior Lender, the Swing Line Lender and any Senior Issuing Bank may change its address, facsimile, telephone number or email address for notices and other communications hereunder by notice to the Borrower, the Senior Facility Agent and the Common Security Trustee. (e) The Credit Senior Facility Agent, the Issuing BanksCommon Security Trustee, the Collateral Agent Swing Line Lender, the Senior Issuing Banks and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, herein or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks, the Senior Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Credit Senior Facility Agent, the Collateral AgentCommon Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders by the Borrower may be recorded by the Credit Senior Facility Agent, the Collateral AgentCommon Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (cf) The Senior Facility Agent agrees that the receipt of the communications by the Senior Facility Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the Senior Facility Agent for purposes of the Financing Documents. The Swing Line Lender, each Senior Issuing Bank and each Senior Lender agrees to notify the Senior Facility Agent in writing (including by electronic communication) from time to time of such Senior Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Senior Facility Agent, the Collateral AgentCommon Security Trustee, the Swing Line Lender, any of the Senior Issuing Banks Bank and any of the Senior Lenders to give any notice or other communication pursuant to any Finance Financing Document in any other manner specified in such Finance Financing Document. (dh) Notwithstanding anything to the contrary in any other Finance Document, for so So long as Natixis, New York Branch The Bank of Nova Scotia is the Credit Senior Facility Agent, the Borrower hereby agrees that it will provide to the Credit Senior Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Senior Facility Agent pursuant to the Finance 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 any AdvanceLoan borrowing, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance Extension of Credit (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 Credit Senior Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement11.11. In addition, the Borrower agrees to continue to provide the Communications to the Credit Senior Facility Agent in the manner specified in the Finance Financing Documents but only to the extent requested by the Credit Senior Facility Agent. (i) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower further agrees that the Senior Facility Agent may make the Communications available to the Senior Lenders by posting the Communications on an internet website that may, from time to time, be notified to the Senior Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the Senior Facility Agent in creating and maintaining the Platform shall be paid by the Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SENIOR FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS 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 SENIOR FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE SENIOR FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, THE SWING LINE LENDER, ANY SENIOR ISSUING BANK 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 ANY AGENT PARTY’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.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) Any communication between the parties hereto delivered in person, or notices provided herein to be given may be given as provided in Section 23.8 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Facility Agent as the context requires. (b) The Credit Facility Agentmailed, by certified, registered or express mail, postage prepaid, addressed to the Issuing Banks, the Collateral Agent and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner respective parties hereto at their respective addresses specified herein, were incomplete or were not preceded or followed by any other form of notice specified hereinbelow, or (iic) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the terms thereofaddressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as understood by the recipientavailable, varied from return e-mail or other written acknowledgement), provided that if any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any of the Lenders to give any faxed or emailed notice or other communication pursuant is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to any Finance Document have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in any other manner specified in clause (4) above of notification that such Finance Document. (d) Notwithstanding anything notice or communication is available and identifying the website address therefor: If to the contrary in any other Finance DocumentSeller: DHI Mortgage Company, for so long Ltd. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇ / ▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ email: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ / ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ with a copy to: ▇.▇. ▇▇▇▇▇▇, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇▇▇ or ▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ If to U.S. Bank as Natixisa Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B ▇▇▇▇▇▇▇▇▇▇▇, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ email: ▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ If to the Credit Facility Agent all informationother Buyers, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advance, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in shown on Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agent23.

Notices and Other Communications. (a) Any communication between Except in the parties hereto or case of notices provided herein and other communications expressly permitted to be given may be given by telephone (and except as provided in Section 23.8 (Notices) of the Common Terms Agreement11.12(b)), which all notices and other communications provided for herein shall apply mutatis mutandis be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references be given by telephone shall be made to the Intercreditor Agent shall be deemed references applicable telephone number, as follows: (i) if to the Credit Facility Borrowers, the Borrowers’ Agent as or any Agent, to the context requiresaddress, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.12; (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in its administrative questionnaire; and (iii) if to any Interest Rate Protection Provider, to the address, telecopier, number, electronic mail address or telephone number specified on Schedule 11.12. (b) The Credit Facility AgentNotices sent by hand or overnight courier service, the Issuing Banksor mailed by certified or registered mail, the Collateral Agent and the Lenders shall be entitled deemed to rely and act upon any written have been given when received; notices purportedly sent by telecopier shall be deemed to have been given by or on behalf of the Borrower even when sent (except that, if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by given during normal business hours for the recipient, varied from any confirmation thereofshall be deemed to have been given at the opening of business on the next Business Day for the recipient). All telephonic notices Notices delivered through electronic communications to and other telephonic communications with the Credit Facility Agent, extent provided in Section 11.12(d) shall be effective as provided in Section 11.12(d). Any notice sent to the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may Borrowers’ Agent shall be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents deemed to such recordinghave been given to all Borrowers. (c) Notwithstanding Notices and other communications to the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks Senior Secured Parties hereunder may be delivered or furnished by electronic communication (including e mail and any of the Lenders to give any notice internet or other communication intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Finance Document in any other manner specified in Lender pursuant to Article II (Commitments and Funding) if such Finance Document. (d) Notwithstanding anything to Lender has notified the contrary in any other Finance Document, for so long as Natixis, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Administrative Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any incapable of receiving notices under such communication that Article II (i) relates to any Advance, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agent.

Notices and Other Communications. (a) Any communication between the parties hereto Parties or notices provided herein to be given may be given as provided in Section 23.8 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 12.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Term Loan Facility Agent as the context requires. (b) The Credit Term Loan Facility Agent, the Issuing Banks, the Collateral Agent Security Trustee and the Term Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Term Loan Facility Agent, the Collateral Agent, the Issuing Banks Security Trustee and the Term Lenders by the Borrower may be recorded by the Credit Term Loan Facility Agent, the Collateral Agent, the Issuing Banks Security Trustee and the Term Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Term Loan Facility Agent, the Collateral Agent, any of the Issuing Banks Security Trustee and any of the Term Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch Société Générale is the Credit Term Loan Facility Agent, the Borrower hereby agrees that it will provide to the Credit Term Loan Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Term Loan Facility Agent pursuant to the Finance 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 any AdvanceTerm Loan Borrowing, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance Term Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Term Loan Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility LendersAgents) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Term Loan Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Term Loan Facility Agent.

Notices and Other Communications. Unless otherwise expressly provided herein, all notices and other communications provided for hereunder shall be in writing (aincluding by facsimile transmission and electronic mail) Any communication between and delivered to such numbers or addresses set forth on the parties relevant signature blocks hereto or notices as given from each party to the other in writing from time to time; provided herein to be given that electronic mail may be given used only to distribute routine communications, such as financial statements and other information as provided in Section 23.8 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices 5(b). All notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent other communications shall be deemed references to the Credit Facility Agent as the context requires. (b) be effective upon receipt. The Credit Facility Agent, the Issuing Banks, the Collateral Agent Lenders and the Lenders Agent shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the The Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything receive material non-public information LEGAL_US_E # 171549701.1171549701.5 with respect to the contrary Borrower or its securities, and who may be engaged in any investment and other Finance Document, for so long as Natixis, New York Branch is market-related activities with respect to the Credit Facility Agent, the Borrower’s securities. The Borrower hereby agrees that it will provide use commercially reasonable efforts to identify that portion of the materials and information provided by or on behalf of the Borrower hereunder and under the other Transaction Documents (collectively, “Borrower Materials”) that may be distributed to the Credit Facility Agent all information, documents Public Lenders and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advanceall such Borrower Materials shall be clearly and conspicuously marked “PUBLIC,” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) relates by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the payment Borrower or its securities for purposes of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents U.S. federal and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agentstate securities Laws.

Notices and Other Communications. (a) Any communication between the parties hereto Parties or notices provided herein to be given may be given as provided in Section 23.8 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 10.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Term Loan Facility Agent as the context requires. (b) The Credit Term Loan Facility Agent, the Issuing Banks, the Collateral Agent Security Trustee and the Term Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Term Loan Facility Agent, the Collateral Agent, the Issuing Banks Security Trustee and the Term Lenders by the Borrower may be recorded by the Credit Term Loan Facility Agent, the Collateral Agent, the Issuing Banks Security Trustee and the Term Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Term Loan Facility Agent, the Collateral Agent, any of the Issuing Banks Security Trustee and any of the Term Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch Société Générale is the Credit Term Loan Facility Agent, the Borrower hereby agrees that it will provide to the Credit Term Loan Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Term Loan Facility Agent pursuant to the Finance 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 any AdvanceTerm Loan Borrowing, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance Term Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Term Loan Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Term Loan Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Term Loan Facility Agent.

Notices and Other Communications. (a) Any communication between the parties hereto Parties or notices provided herein to be given may be given as provided in Section 23.8 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Working Capital Facility Agent as the context requires, and with respect to clauses (a)(i) and (ii) thereof, the address and notice information of the Loan Parties, each Working Capital Lender, each Issuing Bank, each Swing Line Lender and the Working Capital Facility Agent shall be as set forth in Schedule 11.10 (Addresses for Notices) hereto. (b) The Credit Working Capital Facility Agent, the Security Trustee, the Issuing Banks, the Collateral Agent Swing Line Lenders and the Working Capital Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, the Issuing Banks Banks, the Swing Line Lenders and the Working Capital Lenders by the Borrower may be recorded by the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, the Issuing Banks Banks, the Swing Line Lenders and the Working Capital Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, any of the Issuing Banks Banks, any of the Swing Line Lenders and any of the Working Capital Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch The Bank of Nova Scotia is the Credit Working Capital Facility Agent, the Borrower hereby agrees that it will provide to the Credit Working Capital Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Working Capital Facility Agent pursuant to the Finance 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 any AdvanceWorking Capital Borrowing, (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 Loan Working Capital Facility Event of Default or Unmatured Loan Working Capital Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance Working Capital Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Working Capital Facility Agent at the email addresses specified in Schedule Q – 2 11.10 (Addresses for Notices to Facility Agents and Facility LendersNotices) of the Common Terms Agreementhereto. In addition, the Borrower agrees to continue to provide the Communications to the Credit Working Capital Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Working Capital Facility Agent.

Notices and Other Communications. Except as otherwise expressly permitted by this Agreement, all notices, requests and other communications provided for herein and under the Custodial Agreement (aincluding, without limitation, any modifications of, or waivers, requests or consents under, this Agreement) Any communication between the parties hereto or notices provided herein to shall be given or made in writing (including, without limitation, by Electronic Transmission, telecopy or email) delivered to the intended recipient at the address of such Person set forth in this Section 21 below; or, as to any party, at such other address as shall be designated by such party in a written notice to each other party. Except as otherwise provided in this Agreement and except for notices given by the Seller under Section 3(a) (which shall be effective only on receipt), all such communications shall be deemed to have been duly given when transmitted by Electronic Transmission, telecopier or email or delivered or, in the case of a mailed notice, upon receipt, in each case given or addressed as aforesaid. In all cases, to the extent that the related individual set forth in the respective “Attention” line is no longer employed by the respective Person, such notice may be given as provided in Section 23.8 (Notices) to the attention of a Responsible Officer of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references respective Person or to the Intercreditor attention of such individual or individuals as subsequently notified in writing by a Responsible Officer of the respective Person. If to Agent shall be deemed references and/or NCFA Buyer: Nomura Corporate Funding Americas, LLC [***] With copies to: Nomura Corporate Funding Americas, LLC [***] Alst▇▇ & ▇ird LLP [***] If to SPV Buyer: Nomura Corporate Funding Americas, LLC Oakdale Secured Funding Trust Quartz, acting with respect to Series 2020-1 [***] With copies to: Nomura Corporate Funding Americas, LLC Oakdale Secured Funding Trust Quartz, acting with respect to Series 2020-1 50 LEGAL02/41245355v3 [***] Alst▇▇ & ▇ird LLP [***] If to the Credit Facility Agent as the context requires. (b) The Credit Facility AgentSeller: Rocket Mortgage, the Issuing BanksLLC 1050 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Detroit, the Collateral Agent and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in Michigan 48226 [***] With a manner specified hereincopy to: Rocket Mortgage, were incomplete or were not preceded or followed by any other form of notice specified hereinLLC 1050 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Detroit, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any of the Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advance, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agent.Michigan 48226 [***]

Notices and Other Communications. (a) Any communication between the parties hereto or notices provided herein to be given may be given as provided in Section 23.8 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Facility Agent as the context requires. (b) The Credit Facility Agent, the Issuing Banks, the Collateral Agent and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any of the Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as NatixisMUFG Bank, New York Branch Ltd. is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advance, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agent.

Notices and Other Communications. Any notice, demand, request or other communication hereunder to any party shall be deemed to be sufficient if contained in a written instrument delivered in person or duly sent by first class registered, certified or overnight mail, postage prepaid, or telecopied with a confirmation copy by regular, certified or overnight mail, addressed or telecopied, as the case may be, (a) Any communication between the parties hereto or notices provided herein to be given may be given as provided in Section 23.8 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent Optionee, at his or her residence address last filed with the Company and (b) if to the Company, at its principal place of business, addressed to the attention of its Chief Financial Officer, or to such other address or telecopier number or electronic mail address, as the case may be, as the addressee may have designated by written notice to the addressor. All such notices, requests, demands and other communications shall be deemed references to have been received: (i) in the case of personal delivery, on the date of such delivery; (ii) in the case of mailing, when received by the addressee; (iii) in the case of facsimile transmission, when confirmed by facsimile machine report; and (iv) in the case of electronic mail, when directed to an electronic mail address at which the receiving party has consented to receive notice, provided, that such consent is deemed revoked if the sender is unable to deliver by electronic transmission two consecutive notices and such inability becomes known to the Credit Facility Agent as secretary or assistant secretary of the context requires. (b) The Credit Facility AgentCompany or to the transfer agent, or other person responsible for giving notice. Dated the Issuing Banksday of , the Collateral Agent and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or 20 . MOSYS, INC. By: Its: Duly authorized on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete Board of Directors The Optionee acknowledges represents that he or were not preceded or followed by any other form of notice specified herein, or (ii) she is familiar with the terms thereofand provisions of this Agreement and hereby accepts this Option subject to all of the terms and provisions hereof. The Optionee hereby agrees to accept as binding, as understood conclusive and final all decisions or interpretations of the Committee upon any questions arising under this Agreement. Optionee Date: , 20 I, , spouse/domestic partner of the Optionee who executed the foregoing Agreement, hereby agree that my spouse’s/domestic partner’s interest in the shares of Common Stock subject to said Agreement shall be irrevocably bound by the recipientAgreement’s terms. I further agree that my community property interest in such shares, varied from any confirmation thereofif any, shall similarly be bound by said Agreement and that such consent is binding upon my executors, administrators, heirs and assigns. I agree to execute and deliver such documents as may be necessary to carry out the intent of said Agreement and this consent. Spouse/Domestic Partner Date: , 20 I, (print legibly), hereby elect to exercise the following stock options(s) granted to me by MOSYS, INC. (the “Company”) under the listed Stock Option Agreement entered into between the Company and me (the “Agreement”). All telephonic notices shares being purchased are fully vested and exercisable pursuant to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each Section 3 of the parties hereto hereby consents to such recordingAgreement. 1. Shares at $ per share (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any of the Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document.Grant date): ) 2. Shares at $ per share (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that Grant date): ) 3. Shares at $ per share (i) relates to any Advance, Grant date): ) 4. Shares at $ per share (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”Grant date): ), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agent.

Notices and Other Communications. (a) Any notice, claim, request, demand, consent, designation, direction, instruction, certificate, report or other communication between the parties hereto or notices provided herein to be given under or in connection with this Agreement shall be given in writing and may be given delivered by hand, certified or registered airmail, internationally recognized courier service, facsimile or email (provided that email delivery shall be effective only upon receipt of an acknowledgment from the intended recipient such as provided in Section 23.8 (Noticesby the “return receipt requested” function, as available, reply e-mail or other written acknowledgment) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent party’s address specified below or at such other address as such party shall have designated by notice to the other party hereto and shall be deemed references to the Credit Facility Agent as the context requireseffective upon receipt. (b) The Credit Facility Agent, the Issuing Banks, the Collateral Agent Common Security Trustee and the Lenders Accounts Bank shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower Borrower, which the Common Security Trustee or the Accounts Bank, as applicable, believes in good faith to be genuine, even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with The Borrower shall indemnify the Credit Facility AgentCommon Security Trustee, the Collateral Agent, the Issuing Banks Accounts Bank and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the parties hereto hereby consents to reliance by such recordingPerson on each notice purportedly given by or on behalf of the Borrower. (c) Notwithstanding the above, nothing herein shall prejudice the right Each of the Credit Facility AgentLoan Parties, the Collateral AgentCommon Security Trustee and the Accounts Bank may change its address, any of the Issuing Banks facsimile or telephone number for notices and any of the Lenders to give any other communications hereunder by notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advance, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agentparties hereto.

Notices and Other Communications. Except as otherwise expressly permitted by this Agreement, all notices, requests and other communications provided for herein and under the Custodial Agreement (including, without limitation, any modifications of, or waivers, requests or consents under, this Agreement) shall be given or made in writing (including, without limitation, by facsimile or Electronic Transmission as described below) delivered to the intended recipient at the “Address for Notices” specified below its name on the signature pages hereof); or, as to any party, at such other address or such other intended recipient as shall be designated by such party in a written notice to each other party. Except as otherwise provided in this Agreement and except for notices given by a Seller under Section 3(b) (which shall be effective only on receipt), all such communications shall be deemed to have been duly given when transmitted (a) Any communication between by Electronic Transmission as described below and followed by written notice via overnight courier, (b) by facsimile, (c) personally delivered, or (d) in the parties hereto case of a mailed notice, upon receipt, in each case given or notices provided herein addressed as aforesaid. Notices and other communications to be given Buyer hereunder may be given as delivered or furnished by electronic communication pursuant to procedures approved by Buyer; provided that the foregoing shall not apply to notices to Buyer by a Seller pursuant to Section 3(b) if Buyer has notified such Seller that it is incapable of receiving notices under such Section 3(b) by electronic communication. Buyer or Sellers may, in Section 23.8 their 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 Buyer otherwise prescribes, (Noticesi) of the Common Terms Agreement, which shall apply mutatis mutandis notices and other communications sent to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent an e-mail address shall be deemed references 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 the Credit Facility Agent as the context requires. (b) The Credit Facility Agent, the Issuing Banks, the Collateral Agent and the Lenders an Internet or intranet website shall be entitled to rely 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 act upon any written notices purportedly given by or on behalf of identifying the Borrower even if website address therefor; provided that, for both clauses (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or and (ii) above, if such notice, email or other communication is not sent during the terms thereof, as understood by normal business hours of the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any of the Lenders to give any notice or other communication pursuant shall be deemed to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advance, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent have been sent at the email addresses specified in Schedule Q – 2 (Addresses opening of business on the next business day for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agentrecipient.

Notices and Other Communications. (a) Any communication between the parties hereto Parties or notices provided herein to be given may be given as provided in Section 23.8 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Working Capital Facility Agent as the context requires, and with respect to clause (a)(i) and (ii) thereof, the address and notice information of the Loan Parties, each Working Capital Lender, each Issuing Bank, the Swing Line Lender and the Working Capital Facility Agent shall be as set forth in Schedule 11.10 (Addresses for Notices) hereto. (b) The Credit Working Capital Facility Agent, the Security Trustee, the Issuing Banks, the Collateral Agent Swing Line Lender and the Working Capital Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, the Issuing Banks Banks, the Swing Line Lender and the Working Capital Lenders by the Borrower may be recorded by the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, the Issuing Banks Banks, the Swing Line Lender and the Working Capital Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, any of the Issuing Banks Banks, the Swing Line Lender and any of the Working Capital Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch The Bank of Nova Scotia is the Credit Working Capital Facility Agent, the Borrower hereby agrees that it will provide to the Credit Working Capital Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Working Capital Facility Agent pursuant to the Finance 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 any AdvanceWorking Capital Borrowing, (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 Loan Working Capital Facility Event of Default or Unmatured Loan Working Capital Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance Working Capital Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Working Capital Facility Agent at the email addresses specified in Schedule Q – 2 11.10 (Addresses for Notices to Facility Agents and Facility LendersNotices) of the Common Terms Agreementhereto. In addition, the Borrower agrees to continue to provide the Communications to the Credit Working Capital Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Working Capital Facility Agent.

Notices and Other Communications. (a) Any communication between the parties hereto Parties or notices provided herein to be given may be given as provided in Section 23.8 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be deemed references to the Credit Working Capital Facility Agent as the context requires, and with respect to clauses (a)(i) and (ii) thereof, the address and notice information of the Loan Parties, each Working Capital Lender, each Issuing Bank and the Working Capital Facility Agent shall be as set forth in Schedule 11.10 (Addresses for Notices) hereto. (b) The Credit Working Capital Facility Agent, the Issuing BanksSecurity Trustee, the Collateral Agent Issuing Banks and the Working Capital Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, the Issuing Banks and the Working Capital Lenders by the Borrower may be recorded by the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, the Issuing Banks and the Working Capital Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Working Capital Facility Agent, the Collateral AgentSecurity Trustee, any of the Issuing Banks and any of the Working Capital Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch The Bank of Nova Scotia is the Credit Working Capital Facility Agent, the Borrower hereby agrees that it will provide to the Credit Working Capital Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Working Capital Facility Agent pursuant to the Finance 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 any AdvanceWorking Capital Borrowing, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agent.,

Notices and Other Communications. Any and all notices (a) Any communication between with the parties hereto or notices provided herein to exception of Margin Calls, which shall be given in accordance with Section 6 hereof and Transaction Request and Confirmations, which shall be delivered via electronic mail or other electronic medium agreed to by the Buyer and the Seller), statements, demands or other communications hereunder may be given by a party to the other by mail, facsimile, messenger or otherwise (including without limitation by electronic transmission) to the address specified below, or so sent to such party at any other place specified in a notice of change of address hereafter received by the other. All notices, demands and requests hereunder may be made orally, to be confirmed promptly in writing, or by other communication as specified in the preceding sentence. In all cases, to the extent that the related individual set forth in the respective “Attention” line is no longer employed by the respective Person, such notice may be given to the attention of a Responsible Officer of the respective Person or to the attention of such individual or individuals as subsequently notified in writing by a Responsible Officer of the respective Person. Except as otherwise provided in this Agreement and except for notices given under Section 23.8 3 hereof (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent be effective only on receipt), all such communications shall be deemed references to have been duly given when personally delivered, in the Credit Facility Agent as the context requires. (b) The Credit Facility Agentcase of a mailed notice, the Issuing Banks, the Collateral Agent and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified hereinreceipt, or in the case of electronic transmission upon the sender’s receipt of an acknowledgment from the intended recipient (ii) the terms thereofsuch as return email or other written acknowledgment, as understood but excluding, by the recipient“return receipt requested” function) in each case given or addressed as aforesaid. If to Seller Parties: FACO Crop Loans LLC c/o Finance of America Holdings LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, varied from any confirmation thereof. All telephonic notices Suite 1550 Irving, TX 75039 Attention: General Counsel Email: [***] FACo Crop Loan Financing Trust C1 c/o Finance of America Holdings LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Suite 1550 Irving, TX 75039 Attention: General Counsel Email: [***] If to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (c) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any of the Lenders to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Natixis, New York Branch is the Credit Facility Agent, the Borrower hereby agrees that it will provide to the Credit Facility Agent all information, documents and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advance, (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 Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such nonBuyer: National Founders LP [***] [***] Attn: General Counsel E-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agent.mail: [***] With copy to: [***] [***] [***] Attn: General Counsel E-mail: [***]

Notices and Other Communications. (ai) Any communication between Unless otherwise expressly provided herein, all notices and other communications provided for hereunder shall be in writing (including by facsimile transmission and electronic mail) and delivered to such numbers or addresses set forth on the parties relevant signature blocks hereto or notices as given from each party to the other in writing from time to time; provided herein to be given that electronic mail may be given used only to distribute routine communications, such as financial statements and other information as provided in Section 23.8 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices 5(b). All notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent other communications shall be deemed references to the Credit Facility Agent as the context requires. (b) be effective upon receipt. The Credit Facility Agent, the Issuing Banks, the Collateral Agent Lenders and the Lenders Agent shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. All telephonic notices to and other telephonic communications with the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders by the Borrower may be recorded by the Credit Facility Agent, the Collateral Agent, the Issuing Banks and the Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (cii) Notwithstanding the above, nothing herein shall prejudice the right of the Credit Facility Agent, the Collateral Agent, any of the Issuing Banks and any The Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to give any notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything receive material non-public information with respect to the contrary Borrower or its securities, and who may be engaged in any investment and other Finance Document, for so long as Natixis, New York Branch is market-related activities with respect to the Credit Facility Agent, the Borrower’s securities. The Borrower hereby agrees that it will provide use commercially reasonable efforts to identify that portion of the materials and information provided by or on behalf of the Borrower hereunder and under the other Transaction Documents (collectively, “Borrower Materials”) that may be distributed to the Credit Facility Agent all information, documents Public Lenders and other materials that it is obligated to furnish to the Credit Facility Agent pursuant to the Finance 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 any Advanceall such Borrower Materials shall be clearly and conspicuously marked “PUBLIC,” which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) relates by marking Borrower Materials “PUBLIC,” the Borrower shall be deemed to have authorized the Agent and the Lenders to treat such Borrower Materials as not containing any material non-public information with respect to the payment Borrower or its securities for purposes of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Advance (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Credit Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents U.S. federal and Facility Lenders) of the Common Terms Agreement. In addition, the Borrower agrees to continue to provide the Communications to the Credit Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the Credit Facility Agentstate securities Laws.