Common use of Timing of Notices Clause in Contracts

Timing of Notices. All notices, requests and approvals required by this Warrant shall be in writing and shall be conclusively deemed to be given (a) when hand-delivered to the other party, (b) when received if sent by facsimile at the address and number set forth above; provided that notices given by facsimile shall not be effective, unless either (i) a duplicate copy of such facsimile notice is promptly given by depositing the same in the mail, postage prepaid and addressed to the party as set forth below or (ii) the receiving party delivers a written confirmation of receipt for such notice by any other method permitted under this paragraph; and further provided that any notice given by facsimile received after 5:00 p.m. (recipient's time) or on a non-business day shall be deemed received on the next business day; (c) five (5) business days after deposit in the United States mail, certified, return receipt requested, postage prepaid, and addressed to the party as set forth in Section 5.1 above; or (d) the next business day after deposit with an international overnight delivery service, postage prepaid, addressed to the party as set forth below with next business day delivery guaranteed; provided that the sending party receives confirmation of delivery from the delivery service provider.

Appears in 4 contracts

Sources: Warrant Agreement (Iteris Holdings Inc), Warrant to Purchase Common Stock (Iteris, Inc.), Warrant to Purchase Common Stock (Iteris, Inc.)

Timing of Notices. All notices, requests and approvals required by this Warrant shall be in writing and shall be conclusively deemed to be given (a) when hand-delivered to the other party, ; (b) when received if sent by facsimile at the address and number set forth above; , provided that notices given by facsimile shall not be effective, effective unless either (i) a duplicate copy of such facsimile notice is promptly given by depositing the same in the mail, postage prepaid and addressed to the party as set forth below or (ii) the receiving party delivers a written confirmation of receipt for such notice by any other method permitted under this paragraph; , and further provided that any notice given by facsimile received after 5:00 p.m. (recipient's time) or on a non-business day shall be deemed received on the next business day; (c) five (5) business days after deposit in the United States mail, certified, return receipt requested, postage prepaid, and addressed to the party as set forth in Section 5.1 above; or (d) the next business day after deposit with an international overnight delivery service, postage prepaid, addressed to the party as set forth below above with next business day delivery guaranteed; , provided that the sending party receives confirmation of delivery from the delivery service provider.

Appears in 4 contracts

Sources: Debenture and Warrant Purchase Agreement, Debenture and Warrant Purchase Agreement (Iteris Holdings Inc), Warrant Agreement (Iteris Holdings Inc)

Timing of Notices. All notices, requests and approvals required by this Warrant Debenture shall be in writing and shall be conclusively deemed to be given (ai) when hand-delivered to the other party, ; (bii) when received if sent by facsimile at the address and number set forth above; , provided that notices given by facsimile shall not be effective, effective unless either (i1) a duplicate copy of such facsimile notice is promptly given by depositing the same in the mail, postage prepaid and addressed to the party as set forth below or (ii2) the receiving party delivers a written confirmation of receipt for such notice by any other method permitted under this paragraph; , and further provided that any notice given by facsimile received after 5:00 p.m. (recipient's time) or on a non-business day shall be deemed received on the next business day; (ciii) five (5) business days after deposit in the United States mail, certified, return receipt requested, postage prepaid, and addressed to the party as set forth in Section 5.1 9(a) above; or (d) the next business day after deposit with an international overnight delivery service, postage prepaid, addressed to the party as set forth below above with next business day delivery guaranteed; , provided that the sending party receives confirmation of delivery from the delivery service provider.

Appears in 2 contracts

Sources: Debenture and Warrant Purchase Agreement, Debenture and Warrant Purchase Agreement (Iteris Holdings Inc)

Timing of Notices. All notices, requests and approvals required by this Warrant shall be in writing and shall be conclusively deemed to be given (a) when hand-delivered to the other party, ; (b) when received if sent by facsimile at the address and number set forth above; provided , provided, that notices given by facsimile shall not be effective, effective unless either (i) a duplicate copy of such facsimile notice is promptly given by depositing the same in the mail, postage prepaid and addressed to the party as set forth below or (ii) the receiving party delivers a written confirmation of receipt for such notice by any other method permitted under this paragraph; , and further provided provided, that any notice given by facsimile received after 5:00 p.m. (recipient's ’s time) or on a non-business day shall be deemed received on the next business day; (c) five (5) business days after deposit in the United States mail, certified, return receipt requested, postage prepaid, and addressed to the party as set forth in Section 5.1 4.1 above; or (d) the next business day after deposit with an international overnight delivery service, postage prepaid, addressed to the party as set forth below above with next business day delivery guaranteed; provided , provided, that the sending party receives confirmation of delivery from the delivery service provider.

Appears in 2 contracts

Sources: Preferred Stock Amendment and Warrant Issuance Agreement (Franklin Covey Co), Warrant Agreement (Franklin Covey Co)