Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, electronic mail and facsimile. (b) Notices and other communications for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile or by electronic mail. Such notices and communications shall be deemed to have been received by the other party: (i) on the date of delivery in relation to a hand-delivered or registered letter; (ii) on receipt of transmission in relation to a facsimile; or (iii) in the case of any electronic mail, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose; (c) Any notice provided by the Borrower to the Bank by electronic mail shall: (i) mention the contract number ("Fl No") mentioned on the cover page of this Contract in the subject line; and (ii) be in the form of a non-editable electronic image (pdf, tif or other common non editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two or more authorised signatories with joint representation right of the Borrower, attached to the electronic mail. (d) Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons. (e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.01, the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
Appears in 3 contracts
Sources: Finance Contract, Finance Contract, Finance Contract
Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, electronic mail and or facsimile.
(b) . Notices and other communications communications, for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile electronic mail or by electronic mailfacsimile. Such notices and communications shall be deemed to have been received by the other party:
(i) party on the date of (i) delivery in relation to a hand-delivered or registered letter;
letter or (ii) on receipt ii)receipt of transmission in relation to a facsimile; or
or (iii) in the case of any electronic mailmail sent by the Borrower to the Bank, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;
, or (civ) Any notice provided in the case of any electronic mail sent by the Borrower Bank to the Bank Borrower, when the electronic mail is sent Other notices and communications may be made by hand delivery, registered letter or facsimile and by email or other electronic communication. Without affecting the validity of any notice delivered by electronic mail shall:
(i) mention or facsimile according to the contract number ("Fl No") mentioned paragraphs above, a copy of each notice delivered by electronic mail or facsimile shall also be sent by letter to the relevant party on the cover page of this Contract in next following Business Day at the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two or more authorised signatories with joint representation right of the Borrower, attached to the electronic mail.
(d) latest. Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons.
(e) Without affecting . Any notice provided by the validity of Borrower to the Bank by electronic mail shall: (i) mention the Contract Number in the subject line; and (ii) be in the form of a non-editable electronic image (pdf, tif or facsimile notices other common non editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or communication made in accordance by two or more authorised signatories with this Article 12.01joint representation right of the Borrower as appropriate, the following notices, communications and documents shall also be sent by registered letter attached to the relevant party at the latest on the immediately following Business Day:electronic mail.
Appears in 2 contracts
Sources: Finance Contract, Finance Contract
Form of Notice. (a) Any notice or other communication given under this Contract Agreement must be in writing and, unless otherwise stated, may be made by letter, facsimile and electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract Agreement or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile or by electronic mail. Such notices and communications shall be deemed to have been received by the other partyParty:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or;
(iii) in the case of any electronic mailmail sent by the Company to the Subscriber, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower Subscriber shall specify for this purpose;, or
(iv) in the case of any electronic mail sent by the Subscriber to the Company, when the electronic mail is sent.
(c) Any notice provided by the Borrower Company to the Bank Subscriber by electronic e-mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Agreement numbers in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right of the BorrowerCompany as appropriate, attached to the electronic e-mail.
(d) Notices issued by the Borrower Company pursuant to any provision of this Contract Agreement shall, where required by the BankSubscriber, be delivered to the Bank Subscriber together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower Company and the authenticated specimen signature of such person or persons.
(e) Without affecting The Parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.01, the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:same evidential value as an agreement under hand (sous seing privé).
Appears in 2 contracts
Sources: Subscription Agreement (Cellectis S.A.), Subscription Agreement (Cellectis S.A.)
Form of Notice. (a) Any notice or other communication given under this Contract the Terms and Conditions must be in writing and, unless otherwise stated, may be made by letter, facsimile and electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract Agreement or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or;
(iii) in the case of any electronic mailmail sent by the Company to the Subscriber, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower Subscriber shall specify for this purpose;, or
(iv) in the case of any electronic mail sent by the Subscriber to the Company, when the electronic mail is sent.
(c) Any notice provided by the Borrower Company to the Bank Subscriber by electronic e-mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Agreement numbers in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right of the BorrowerCompany as appropriate, attached to the electronic e-mail.
(d) Notices issued by the Borrower Company pursuant to any provision of this Contract the Terms and Conditions shall, where required by the BankSubscriber, be delivered to the Bank Subscriber together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower Company and the authenticated specimen signature of such person or persons.
(e) Without affecting The Parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.01, the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:same evidential value as an agreement under hand (sous seing privé).
Appears in 2 contracts
Sources: Subscription Agreement (Cellectis S.A.), Subscription Agreement (Cellectis S.A.)
Form of Notice. (a) Any notice or other communication given under this Contract Guarantee Agreement must be in writing and, unless otherwise stated, may be made by letter, letter and electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract Guarantee Agreement or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iiiii) in the case of any electronic mail, only when actually the electronic mail is received in readable form and only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;form.
(c) Any notice provided by the Borrower Guarantor to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right Authorised Signatories of the BorrowerGuarantor as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower Guarantor pursuant to any provision of this Contract Guarantee Agreement shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower Guarantor and the authenticated specimen signature of such person or persons, unless such person is listed in the then current List of Authorised Signatories.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0111 (Final Articles), the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
(i) Disbursement Acceptance;
(ii) any notices and communication in respect of the cancellation of a disbursement of any Tranche, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment, and
(iii) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand.
(g) Any communication or document made or delivered to the Guarantor in accordance with this Article 11 (Final Articles) will be deemed to have been made or delivered to each of the Obligors or any other member of the Group party to a Finance Document. Each Obligor incorporated in Germany, for this purpose, appoints the Borrower as its receipt agent (Empfangsboten).
Appears in 2 contracts
Sources: Guarantee Agreement (Pluristem Therapeutics Inc), Guarantee Agreement (Pluristem Therapeutics Inc)
Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, electronic mail and facsimile.
(b) writing. Notices and other communications communications, for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile or by electronic e-mail. Such notices and communications shall be deemed to have been received by the other party:
(i) party on the date of delivery in relation to a hand-delivered or registered letter;
(ii) , on receipt of transmission in relation to a facsimile; or
(iii) , on the date when the e-mail is sent in relation to an e-mail message sent by the case of any electronic mail, only Bank or when actually confirmed by return e-mail by an authorised officer to have been received in readable form form. Other notices and only if it is addressed in such a manner as communications may be made by hand delivery, registered letter, facsimile or e-mail. Without affecting the Bank and the Borrower shall specify for this purpose;
(c) Any validity of any notice provided delivered by the Borrower facsimile or e-mail according to the Bank paragraphs above, a copy of each notice delivered by electronic facsimile or e-mail shall:
(i) mention as applicable shall also be sent by letter to the contract number ("Fl No") mentioned relevant party on the cover page of this Contract in next following Business Day at the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two or more authorised signatories with joint representation right of the Borrower, attached to the electronic mail.
(d) latest. Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons.
. Any notice provided by the Borrower to the Bank by e-mail shall mention the Contract Number in the subject line and shall be in the form of a non-editable electronic image (pdf, tif or other common non-editable file format agreed between the parties) of the notice signed by one or more Authorised Signatories of the Borrower as appropriate, attached to the e) Without affecting -mail. The Bank and the validity of electronic mail or facsimile notices or communication made Borrower agree that communications sent in accordance with this Article 12.01, the following notices, communications and documents 11.2 shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:constitute admissible evidence in court.
Appears in 1 contract
Sources: Finance Contract (Evotec SE)
Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, letter and electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iii) in the case of any electronic mailmail sent by the Borrower to the Bank, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;, or
(iii) in the case of any electronic mail sent by the Bank to the Borrower, when the electronic mail is sent.
(c) Any notice provided by the Borrower to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right Authorised Signatories of the BorrowerBorrower as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0111 (Notices), the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
(i) Disbursement Acceptance;
(ii) any notices and communication in respect of the cancellation of a disbursement of any Tranche, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment, and
(iii) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand (sous seing privé).
Appears in 1 contract
Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, letter or electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other partyParty:
(i) on the date of delivery in relation to a hand-delivered or registered letter;letter or
(ii) on receipt of transmission in relation to a facsimile; or
(iii) in the case of any electronic mail, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower other Party shall specify for this purpose;.
(c) Any notice provided by the Borrower or any Guarantor to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the partiesParties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right Authorised Signatories of the BorrowerBorrower as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0111.1 (Notices), the following notices, communications and documents shall also be sent by registered letter to the relevant party Party at the latest on the immediately following Business Day:
(i) Disbursement Acceptance;
(ii) any notices and communication in respect of the cancellation of a disbursement of any Tranche, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment, and
(iii) any other notice, communication or document required by the Bank.
(f) The Parties agree that any above communication (including via electronic mail) is an accepted form of communication, and shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand (sous seing privé).
Appears in 1 contract
Sources: Finance Contract (Cellectis S.A.)
Form of Notice. (a) Any notice or other communication given under this Contract Guarantee Agreement must be in writing and, unless otherwise stated, may be made by letter, letter and electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract Guarantee Agreement or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iiiii) in the case of any electronic mail, only when actually the electronic mail is received in readable form and only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;form.
(c) Any notice provided by the Borrower Guarantor to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right Authorised Signatories of the BorrowerGuarantor as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower Guarantor pursuant to any provision of this Contract Guarantee Agreement shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower Guarantor and the authenticated specimen signature of such person or persons, unless such person is listed in the then current List of Authorised Signatories.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0110.01 (Form of notice), the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
(i) Disbursement Acceptance;
(ii) any notices and communication in respect of the cancellation of a disbursement of any Tranche, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment, and
(iii) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand.
(g) Any communication or document made or delivered to the Guarantor in accordance with this Article 10.01 (Form of notice) will be deemed to have been made or delivered to each of the Obligors or any other member of the Group party to a Finance Document. Each Obligor incorporated in Germany, for this purpose, appoints the Borrower as its receipt agent (Empfangsboten).
Appears in 1 contract
Sources: Guarantee Agreement (CureVac B.V.)
Form of Notice. (a) Any notice or other communication given under this Contract Guarantee Agreement must be in writing and, unless otherwise stated, may be made by letter, letter or electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract Guarantee Agreement or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other partyParty:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iiiii) in the case of any electronic mail, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower other Party shall specify for this purpose;.
(c) Any notice provided by the Borrower Guarantor to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the partiesParties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right Authorised Signatories of the BorrowerGuarantor as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower Guarantor pursuant to any provision of this Contract Guarantee Agreement shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower Guarantor and the authenticated specimen signature of such person or persons.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.01Clause 12, any notice, communication or document required by the following notices, communications and documents Bank shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:.
(f) The Parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand.
Appears in 1 contract
Form of Notice. (a) Any notice or other communication given under this Contract Agreement must be in writing and, unless otherwise stated, may be made by letter, letter or electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract Agreement or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other partyParty:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iiiii) in the case of any electronic mail, mail only when such electronic mail is actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower other Party shall specify for this purpose;.
(c) Any notice provided by the Borrower to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the partiesParties) of the notice signed by an authorised signatory Authorised Signatory with individual representation right or by two or more authorised signatories Authorised Signatories with joint representation right of the BorrowerBorrower as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower pursuant to any provision of this Contract Agreement shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.01Clause 8 (Final Clauses), the following notices, communications and documents shall also be sent by registered letter to the relevant party Party at the latest on the immediately following Business Day:
(i) any notices and communication in respect of any Prepayment Request, Prepayment Notice, Event of Default, or any demand for prepayment, and
(ii) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand.
Appears in 1 contract
Sources: Loan Restructuring Agreement (Scinai Immunotherapeutics Ltd.)
Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, letter and electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iii) in the case of any electronic mail, only when actually received in readable form and legible form; and, if sent by the Borrower to Bank, only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;.
(c) Any notice provided by the Borrower to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right of the BorrowerBorrower as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons, unless covered by the then current List of Authorised Signatories and Accounts.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0111.1 (Notices), the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
(i) Disbursement Acceptance;
(ii) any notices and communication in respect of the cancellation of a disbursement of any Tranche, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment, and
(iii) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand.
Appears in 1 contract
Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, letter or electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iiiii) in the case of any electronic mail, only when actually received in readable form and in the case of an electronic mail sent by an Obligor to the Bank only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;.
(c) Any notice provided by the Borrower an Obligor to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right Authorised Signatories of the BorrowerBorrower as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0111.1 (Notices), the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
(i) Disbursement Acceptance;
(ii) any notices and communication in respect of the cancellation of a disbursement of any Tranche, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment, and
(iii) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand.
(g) Any communication or document made or delivered to the Borrower in accordance with this Article 11.1 (Notices) will be deemed to have been made or delivered to each of the Obligors or any other member of the Group party to a Finance Document. Each Obligor incorporated in Germany, for this purpose, appoints the Borrower as its receipt agent (Empfangsboten).
Appears in 1 contract
Sources: Finance Contract (CureVac B.V.)
Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, letter or electronic mail and facsimile.mail. \\1076678 ▇▇▇▇-▇▇▇▇-▇▇▇▇ v7 Hogan Lovells
(b) Notices and other communications for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iii) in the case of any electronic mailmail sent by the Borrower to the Bank, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;, or
(iii) in the case of any electronic mail sent by the Bank to the Borrower, when the electronic mail is sent.
(c) Any notice provided by the Borrower to the Bank by electronic e-mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right Authorised Signatories of the BorrowerBorrower as appropriate, attached to the electronic e-mail.
(d) Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0112.1, the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
(i) disbursement Acceptance;
(ii) any notices and communication in respect of the cancellation of a disbursement of any Tranche, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment, and
(iii) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand (sous seing privé).
Appears in 1 contract
Form of Notice. (a) Any notice or other communication given under this Contract Guarantee Agreement must be in writing and, unless otherwise stated, may be made by letter, letter and electronic mail and facsimilemail.
(b) Notices and other communications for which fixed periods are laid down in this Contract Guarantee Agreement or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile letter or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or
(iiiii) in the case of any electronic mail, only when actually the electronic mail is received in readable form and only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;form.
(c) Any notice provided by the Guarantor or the Borrower to the Bank by electronic mail shall:
(i) mention the contract number ("Fl No") mentioned on the cover page of this Contract Number in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non non-editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two one or more authorised signatories with joint representation right Authorised Signatories of the BorrowerGuarantor or the Borrower as appropriate, attached to the electronic mail.
(d) Notices issued by the Guarantor or the Borrower pursuant to any provision of this Contract Guarantee Agreement shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Guarantor or the Borrower and the authenticated specimen signature of such person or persons, unless such person is listed in the then current List of Authorised Signatories.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0111 (Final Articles), the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
(i) Disbursement Acceptance;
(ii) any notices and communication in respect of the cancellation of a disbursement of any Tranche, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment, and
(iii) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication, shall constitute admissible evidence in court and shall have the same evidential value as an agreement under hand.
Appears in 1 contract
Sources: Guarantee Agreement (Immunic, Inc.)
Form of Notice. (a) Any notice or other communication given under this Contract must be in writing and, unless otherwise stated, may be made by letter, electronic mail and facsimile.
(b) Notices and other communications for which fixed periods are laid down in this Contract or which themselves fix periods binding on the addressee, may be made by hand delivery, registered letter, facsimile or by electronic mail. Such notices and communications shall be deemed to have been received by the other party:
(i) on the date of delivery in relation to a hand-delivered or registered letter;
(ii) on receipt of transmission in relation to a facsimile; or;
(iii) in the case of any electronic mailmail sent by the Borrower to the Bank, only when actually received in readable form and only if it is addressed in such a manner as the Bank and the Borrower shall specify for this purpose;; or
(iv) in the case of any electronic mail sent by the Bank to the Borrower, when the electronic mail is sent.
(c) Any notice provided by the Borrower or any Obligor to the Bank by electronic mail shall:
(i) mention the contract number ("Fl NoFI nr") mentioned found on the cover page of this Contract in the subject line; and
(ii) be in the form of a non-editable electronic image (pdf, tif or other common non editable file format agreed between the parties) of the notice signed by an authorised signatory with individual representation right or by two or more authorised signatories with joint representation right of the BorrowerBorrower or any Obligor as appropriate, attached to the electronic mail.
(d) Notices issued by the Borrower pursuant to any provision of this Contract shall, where required by the Bank, be delivered to the Bank together with satisfactory evidence of the authority of the person or persons authorised to sign such notice on behalf of the Borrower and the authenticated specimen signature of such person or persons.
(e) Without affecting the validity of electronic mail or facsimile notices or communication made in accordance with this Article 12.0112.02, the following notices, communications and documents shall also be sent by registered letter to the relevant party at the latest on the immediately following Business Day:
(i) Disbursement Request;
(ii) revocation of a Disbursement Request according to Article 1.02C(b); and
(iii) any notices and communication in respect of the deferment, cancellation, and suspension of a disbursement of any Tranche, Market Disruption Event, Prepayment Request, Prepayment Notice, Event of Default, any demand for prepayment; and
(iv) any other notice, communication or document required by the Bank.
(f) The parties agree that any above communication (including via electronic mail) is an accepted form of communication and shall constitute admissible evidence in court.
Appears in 1 contract
Sources: Finance Contract (Opgen Inc)