Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline Lender: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or if delivered, upon delivery; provided, that notices delivered to the Administrative Agent or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1. (ii) Any agreement of the Administrative Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent and Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co), Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: The Ensign Group, Inc. 27101 Puerta Real, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ ▇. Snapper, Chief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: PaulEnsign Facility Services, HastingsInc. 27101 Puerta Real, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇.▇. / ▇▇, ▇ ▇. ▇. ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Ensign Group Account Manager Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇.▇▇▇ To the Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇. / Mail Code ▇▇▇▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, any Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and the Lenders Agent, any Issuing Bank or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, each Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, each Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, any Issuing Bank or the Lenders any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders Agent, any Issuing Bank or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders Agent, any Issuing Bank or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, such Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Credit Agreement (Ensign Group, Inc), Credit Agreement (Ensign Group, Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: ▇▇▇▇▇▇▇ Group Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ General Counsel To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Mr. ▇▇▇ ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: W. ▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or if delivered, upon delivery; provided, that notices delivered to the Administrative Agent or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) Any agreement of the Administrative Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent and Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or the Lenders in reasonable reliance in good faith upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Term Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Bristow Group Inc), 364 Day Term Loan Credit Agreement (Bristow Group Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To any of the BorrowerBorrowers: ▇▇Fox Factory Holding Corp. Fox Factory, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Chief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. E./ 25th Floor Atlanta/ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Georgia 30308 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To SunTrust Bank as an Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇. / Mail Code ▇▇▇▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, each Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and the Lenders Agent, any Issuing Bank or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerBorrower Representative. The Administrative Agent Agent, each Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Representative to give such notice and the Administrative Agent Agent, the Issuing Banks and the Lenders shall not have any liability to the Borrower Borrowers or other Person on account of any action taken or not taken by the Administrative Agent Agent, any Issuing Bank or the Lenders any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Borrowers to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders Agent, any Issuing Bank or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders Agent, any Issuing Bank or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, such Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Fox Factory Holding Corp), Revolving Credit Agreement (Fox Factory Holding Corp)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company BioTelemetry, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Telecopy Number▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy toEmail: Paul, Hastings, ▇▇▇▇▇▇▇▇ & .▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ @▇▇▇▇▇▇▇▇▇, .▇▇▇ Website: ▇▇▇▇▇://▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline Lender: SunTrust Bank ▇▇▇ .▇▇▇▇▇.▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention/ To the Administrative Agent: Telecopy Number: With a copy to: SunTrust Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta.▇., Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) 11.1. Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or any other Person on account of any action taken or not taken by the Administrative Agent or Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Credit Agreement (Biotelemetry, Inc.), Credit Agreement (Biotelemetry, Inc.)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: Healthways, Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Vice President and Chief Financial Officer Facsimile Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Bass, ▇▇▇▇▇ & ▇▇▇▇ PLC ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth ▇. ▇▇▇▇, ▇▇. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇. ▇. ▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Healthways Account Manager Facsimile Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. E./ 25th Floor Atlanta/ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Georgia 30308 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To SunTrust Bank as Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇. /Mail Code ▇▇▇▇ /▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, delivery or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail mails or if delivered, upon delivery; provided, that notices delivered to the Administrative Agent Agent, any Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent Agent, the Issuing Banks and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Banks and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Banks and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, the Issuing Banks or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Banks and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Banks and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Banks and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Revolving Credit and Term Loan Agreement (Healthways, Inc), Revolving Credit and Term Loan Agreement (Healthways, Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Healthcare, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇ ▇▇▇ Hearth Telecopy Number▇▇▇, Chief Accounting Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderEmail: SunTrust Bank ▇▇▇ ▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇.▇▇▇ ▇▇▇▇▇ Telecopy NumberTo the Administrative Agent: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email:▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ To the Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, N.E./Mail Code 3706 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) Section. Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 2 contracts
Sources: Credit Agreement (Molina Healthcare Inc), Credit Agreement (Molina Healthcare Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: The New Jersey Imaging Network, L.L.C. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Los Angeles, CA 90025 Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Senior Vice President To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇’▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. E./ 25th Floor Atlanta/ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Georgia 30308 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, the Issuing Bank or the Lenders any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (RadNet, Inc.)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To Holdings and the BorrowerBorrowers: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company c/o Dakota Plains Holdings, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇▇▇, Chief Executive Officer E-mail Address: ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ / ▇▇▇ ▇▇▇, ▇. ▇. ▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. E./ 25th Floor Atlanta/ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Georgia 30308 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇ ▇▇ . ▇▇▇▇▇▇ Street, Suite 3900 Charlotte, North Carolina 28202 Attention: W. ▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇. / Mail Code ▇▇▇▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Standby Letter of Credit Dept. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent or the Swingline Lender Issuing Bank shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerBorrowers. The Administrative Agent Agent, the Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Borrowers to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the any Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, the Issuing Bank or the Lenders any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower Borrowers to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Dakota Plains Holdings, Inc.)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: OneWater Marine Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Parkway Buford, GA 30518 Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇Jr., ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy NumberCEO Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy toEmail: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ @▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and ▇▇▇▇▇ Attention: .▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline Lender: SunTrust Bank ▇▇▇ @▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇.▇▇▇ ▇▇▇▇▇ AttentionTo the Administrative Agent: Telecopy Number: With a copy to: SunTrust Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇ ▇▇▇▇, ▇.▇. ▇ Mail Code – GA-ATL-0244 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Spark Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇. 17th Floor Mail Code – GA-ATL-3707 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: LC and Trade Services To the Swingline Lender: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or if delivered, upon delivery; provided, that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) 11.1. Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the BorrowerBorrowers: Ramius LLC ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ And Attention: ▇▇▇▇ ▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇ ▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ Hearth ▇. ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Hays ▇▇▇▇ Telecopy Number: (404-439-7387) With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. E./ 25th Floor Atlanta/ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Georgia 30308 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇ ▇. ▇▇▇▇▇ St., Suite 3900 Charlotte, NC 28202 Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and the Lenders or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the BorrowerBorrower Agent. The Administrative Agent and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower Agent to give such notice and the Administrative Agent and the Lenders shall not have any liability to the Borrower Borrowers or other Person on account of any action taken or not taken by the Administrative Agent or the Lenders any Lender in reliance upon such telephonic or facsimile notice, except in the case of gross negligence or willful misconduct. The obligation of the Borrower Borrowers to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Healthcare, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ Hearth Telecopy Number▇. ▇▇▇▇▇, Chief Financial Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderEmail: SunTrust Bank ▇▇▇ ▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇.▇▇▇ ▇▇▇▇▇ Telecopy NumberTo the Administrative Agent: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Telecopy NumberFacsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email:▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) Section. Any agreement of the Administrative Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: ▇▇BioScrip, Inc. 1▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: J▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Senior Vice President, Chief Financial Officer & Treasurer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to (for Information purposes only): Dechert LLP 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: S▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent: SunTrust Bank Mail Code FL-Orlando-2052 2▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: J▇▇▇ De J▇▇▇▇-▇▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: to (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline Lender: for Information purposes only): SunTrust Bank ▇Agency Services 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. .▇. / 2▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: D▇▇▇ ▇▇▇▇▇ Telecopy Number: With a copy to: SunTrust Bank Agency Services (▇▇▇) ▇▇▇-▇▇▇▇ King & Spalding LLP 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 ▇▇ Attention: M▇▇. ▇▇▇▇ ▇. ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: E▇▇▇▇ ▇▇▇. ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, the Issuing Bank or the Lenders any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Credit Agreement (BioScrip, Inc.)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇▇Cross Country Healthcare, Inc. 5▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: W▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Telecopy NumberFacsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy toEmail: Paul, Hastings, w▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ @▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇.▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇Agency Services 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. .▇. ./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy NumberM▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: a▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With a copy copies (for information purposes only) to: SunTrust Bank Agency Services 7▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇/▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Mr. S▇▇▇▇ ▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: s▇▇▇▇.▇.▇▇▇▇▇▇@s▇▇▇▇▇▇▇.▇▇▇ To SunTrust Bank, in its capacity as an Issuing Bank: SunTrust Bank 2▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇ ▇▇. ▇▇▇▇/▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇▇ Attention: M▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, an Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.111.1.
(iii) Any agreement of the Administrative Agent Agent, the Issuing Banks and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Banks and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Banks and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or Agent, the Issuing Banks and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Banks and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Banks and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Banks and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: Aaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Energy Development Company ▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: Chief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy to: Aaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent: Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline Lender: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Agency Services Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP To the Issuing Bank: Truist Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇. / Mail Code ▇▇▇▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Agency Services Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in on the Administrative Questionnaire or in the Assignment and Acceptance Agreement executed by that such Lender executes Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail mails or if delivereddelivered by hand, upon delivery; provided, that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, the Issuing Bank or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Aaron's Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Healthcare, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ Hearth Telecopy Number▇. ▇▇▇▇, Chief Financial Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderEmail: SunTrust Bank ▇▇▇ ▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇.▇▇▇ ▇▇▇▇▇ Telecopy NumberTo the Administrative Agent: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email:▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ To the Issuing Bank: Truist Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, N.E./Mail Code 3706 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent and Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: c/o Amneal Pharmaceuticals, LLC ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer Telecopy Number: Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ Website: ▇▇▇.▇▇▇▇▇▇.▇▇▇ With a copy to: ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, & ▇▇▇▇▇▇▇▇ & ▇▇▇, LLP ▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, -▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderIssuing Bank: SunTrust Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With a copy to (for Informational purposes only): Truist Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇.▇., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Anton Brykalin Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent or the Swingline Lender Issuing Bank shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, the Issuing Bank or the Lenders any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and Agent, the Lenders Issuing Bank or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Amneal Pharmaceuticals, Inc.)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: BioScrip, Inc. 1▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: J▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Senior Vice President, Chief Financial Officer & Treasurer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to (for Information purposes only): Dechert LLP 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: S▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent: SunTrust Bank Mail Code FL-Orlando-2052 2▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company , ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: J▇▇▇ De J▇▇▇▇-▇▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to (for Information purposes only): SunTrust Bank Agency Services 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / 2▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇D▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, King & Spalding LLP 1▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline Lender: SunTrust Bank ▇▇▇ ▇▇▇M▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: E▇▇▇▇ ▇▇▇. ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1Section.
(ii) Any agreement of the Administrative Agent and the Lenders or any Lender herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent and the Lenders each Lender shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or the Lenders any Lender in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders or any Lender to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders or any Lender of a confirmation which is at variance with the terms understood by the Administrative Agent and the Lenders such Lender to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: Cross Country Healthcare, Inc. ▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Telecopy NumberFacsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy toEmail: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ @▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇.▇▇▇ To the Administrative Agent or Swingline Lender: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy toAgent: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: .▇▇. ./▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇▇▇/▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Mr. ▇▇▇▇▇ ▇▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇.▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ To SunTrust Bank, in its capacity as an Issuing Bank: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇/▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, an Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.111.1.
(iii) Any agreement of the Administrative Agent Agent, the Issuing Banks and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Banks and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Banks and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or Agent, the Issuing Banks and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Banks and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Banks and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Banks and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: Aaron’s, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ AttentionAttn: ▇▇▇▇▇ ▇▇▇▇ Chief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: PaulAaron’s, Hastings, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ AttentionAttn: ▇▇▇▇▇ Hearth General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇. / Mail Code ▇▇▇▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in on the Administrative Questionnaire or in the Assignment and Acceptance Agreement executed by that such Lender executes Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail mails or if delivereddelivered by hand, upon delivery; provided, that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, the Issuing Bank or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Aaron's Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇Healthcare, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ Hearth Telecopy Number▇. ▇▇▇▇, Chief Financial Officer Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderEmail: SunTrust Bank ▇▇▇ ▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇.▇▇▇ ▇▇▇▇▇ Telecopy NumberTo the Administrative Agent: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email:▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ To the Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, N.E./Mail Code 3706 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) Section. Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
Appears in 1 contract
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇Malibu Boats, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ Loudon, TN 37774 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇, ▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇ ▇▇-▇▇▇▇ Attention: ▇▇▇▇-▇▇▇▇ Hearth Telecopy Number▇▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇ ▇▇▇▇, ▇.▇. ▇ Mail Code – GA-ATL-0244 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Spark Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: Truist Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, N.E./Mail Code ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: Truist Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: Lender To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or if delivered, upon delivery; provided, that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) 11.1. Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: Aaron’s, Inc. 1100 ▇▇▇▇▇ ▇▇▇▇▇Building ▇▇▇ Energy Development Company ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇ ▇▇▇▇▇ ▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇-▇▇▇▇ ▇▇▇▇ Attn: Chief Financial Officer Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With with a copy to: PaulAaron’s, Hastings, ▇▇▇Inc. 1100 ▇▇▇▇▇ & ▇▇▇▇▇▇ LLP ▇▇ ▇▇▇Building ▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇ Hearth ▇▇▇▇▇-▇▇▇▇ Attn: General Counsel Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇. / Mail Code ▇▇▇▇ / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. / ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in on the Administrative Questionnaire or in the Assignment and Acceptance Agreement executed by that such Lender executes Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail mails or if delivereddelivered by hand, upon delivery; provided, that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent Agent, the Issuing Bank or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
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Sources: Revolving Credit and Term Loan Agreement (Aaron's Inc)
Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company BioTelemetry, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Telecopy Number▇, Executive Vice President Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy toEmail: Paul, Hastings, ▇▇▇▇▇▇▇▇ & .▇▇▇▇▇▇ LLP ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ @▇▇▇▇▇▇▇▇▇, .▇▇▇ Website: ▇▇▇▇▇://▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline Lender: SunTrust Bank ▇▇▇ .▇▇▇▇▇.▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to/ To the Administrative Agent: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta.▇., Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ With copies (for information purposes only) to: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Telecopy Number▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: BioTelemetry Account Manager Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Issuing Bank: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shallshall be effective upon actual receipt by the relevant Person or, when transmitted if delivered by overnight deliverycourier service, or faxed, be effective when delivered upon the first Business Day after the date deposited with such courier service for overnight (next-day) deliverydelivery or, or transmitted if sent by telecopy, upon transmittal in legible form by facsimile machinemachine or, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or or, if delivereddelivered by hand, upon delivery; provided, provided that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.111.1.
(ii) Any agreement of the Administrative Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent and Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrowerany Loan Party: ▇Malibu Boats, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, TN 37774 Attn: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇▇▇▇▇▇▇▇ O’Melveny & ▇▇▇▇▇▇ LLP ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ To the Administrative Agent: SunTrust Bank ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇ ▇▇▇▇▇ Mail Code – GA-ATL-0244 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ Hearth Telecopy NumberSpark Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Issuing Bank: SunTrust Bank ▇▇ ▇▇▇▇ ▇▇▇▇▇, N.E./Mail Code ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Standby Letter of Credit Dept. Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To the Swingline Lender: SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. .▇. ▇▇▇▇▇▇▇, ▇▇▇./▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy NumberFacsimile: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: To the address or facsimile number, set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Lender. Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or if delivered, upon delivery; provided, that notices delivered to the Administrative Agent Agent, the Issuing Bank or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) 11.1. Any agreement of the Administrative Agent Agent, the Issuing Bank and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent Agent, the Issuing Bank and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent Agent, the Issuing Bank and the Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or Agent, the Issuing Bank and the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent Agent, the Issuing Bank and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent Agent, the Issuing Bank and the Lenders to be contained in any such telephonic or facsimile notice.
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Written Notices. (i) Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications to any party herein to be effective shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy, as follows: To the Borrower: ▇K▇▇▇▇ ▇▇▇▇▇▇▇▇ Energy Development Company ▇7▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇T▇▇▇▇ ▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Paul, Hastings, ▇J▇▇▇▇▇▇▇ & ▇W▇▇▇▇▇ LLP ▇5▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: K▇▇▇▇ ▇▇▇▇▇▇ Hearth Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To the Administrative Agent or Swingline LenderAgent: SunTrust Bank ▇3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Telecopy Number: With a copy to: SunTrust Bank Agency Services S▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇. E./ 25th Floor Atlanta, Georgia 30308 Attention: ▇▇. ▇▇▇▇ ▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ and King & Spalding LLP ▇▇With a copy to: SunTrust Bank Agency Services 3▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.. ▇. ./▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: M▇. ▇▇▇▇▇ ▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇; and King & Spalding LLP 1▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: W. T▇▇▇ ▇▇▇▇▇▇▇▇ Telecopy Number: (▇▇▇) ▇▇▇-▇▇▇▇ To any other Lender: the address set forth in the Administrative Questionnaire or the Assignment and Acceptance Agreement executed by such Lender Any party hereto may change its address or telecopy number for notices and other communications hereunder by notice to the other parties hereto. All such notices and other communications shall, when transmitted by overnight delivery, or faxed, be effective when delivered for overnight (next-day) delivery, or transmitted in legible form by facsimile machine, respectively, or if mailed, upon the third Business Day after the date deposited into the mail or if delivered, upon delivery; provided, that notices delivered to the Administrative Agent or the Swingline Lender shall not be effective until actually received by such Person at its address specified in this Section 10.1.
(ii) Any agreement of the Administrative Agent and the Lenders herein to receive certain notices by telephone or facsimile is solely for the convenience and at the request of the Borrower. The Administrative Agent and the Lenders shall be entitled to rely on the authority of any Person purporting to be a Person authorized by the Borrower to give such notice and the Administrative Agent and Lenders shall not have any liability to the Borrower or other Person on account of any action taken or not taken by the Administrative Agent or the Lenders in reliance upon such telephonic or facsimile notice. The obligation of the Borrower to repay the Loans and all other Obligations hereunder shall not be affected in any way or to any extent by any failure of the Administrative Agent and the Lenders to receive written confirmation of any telephonic or facsimile notice or the receipt by the Administrative Agent and the Lenders of a confirmation which is at variance with the terms understood by the Administrative Agent and the Lenders to be contained in any such telephonic or facsimile notice.
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Sources: Revolving Credit Agreement (Kayne Anderson Energy Development Co)