Notices Clause Example with 41 Variations from Business Contracts
This page contains Notices clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, shall be delivered to: Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: Capital Markets Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: General Counsel Facsimile: (212) 307-3730 and with a copy ...to: Latham & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston J. Larson, Esq. Facsimile: (858) 523-5450 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 Attention: General Counsel Facsimile: (617) 275-0039 with a copy to: Cooley LLP 3175 Hanover Street Palo Alto, California 94304] Attention: Mehdi Khodadad Facsimile: (650) 849-7400 Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Variations of a "Notices" Clause from Business Contracts
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, FBR, shall be delivered to: Cantor Fitzgerald FBR Capital Markets & Co. 499 Park Avenue New York, NY 10022 Attention: Capital Markets Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: General Counsel Facsimile: (212) ...307-3730 and 1300 17th Street North 14th Floor Arlington, VA 22207 with a copy to: Latham Hunton & Watkins Williams LLP 12670 High Bluff Drive San Diego, CA 92130 951 East Byrd Street Richmond, Virginia 23219 Attention: Cheston J. Larson, Daniel M. LeBey, Esq. Facsimile: (858) 523-5450 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Emergent Capital, Inc. 75 Park Plaza Boston, Massachusetts 02116 5355 Town Center Road Suite 701 Boca Raton, FL 33486 Attention: General Counsel Facsimile: (617) 275-0039 Michael Altschuler with a copy to: Cooley Foley & Lardner LLP 3175 Hanover Street Palo Alto, California 94304] One Independent Drive Suite 1300 Jacksonville, Florida 32202 Attention: Mehdi Khodadad Facsimile: (650) 849-7400 Michael B. Kirwan Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally personally, or by verifiable facsimile transmission (with an original to follow) email, on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not 32 a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange NYSE and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 14 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification confirmation of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, Cowen, shall be delivered to: Cantor Fitzgerald Cowen & Co. 499 Park Company, LLC 599 Lexington Avenue New York, New York 10022 Attention: General Counsel Telephone: (646) 562-1923 Email: Bradley.friedman@cowen.com with a copy to: Goodwin Procter LLP 620 Eighth Avenue New York, NY 1...0022 10018 Attention: Capital Markets Facsimile: Michael D. Maline Telephone: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: General Counsel Facsimile: (212) 307-3730 and with a copy to: Latham & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston J. Larson, Esq. Facsimile: (858) 523-5450 813-8966 Email: mmaline@goodwinlaw.com and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 Dynavax Technologies Corporation 2929 Seventh Street, Suite 100 Berkeley, CA 94710 Attention: General Counsel Facsimile: (617) 275-0039 Telephone: (510) 665-7257 Email: mostrach@dynavax.com with a copy to: Cooley LLP 3175 Hanover Street Palo Alto, California 94304] CA 94304-1130 Attention: Mehdi Khodadad Facsimile: Glen Y. Sato Telephone: (650) 849-7400 843-5502 Email: gsato@cooley.com Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally personally, by email, or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange Nasdaq and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 12 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification confirmation of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, NSC, shall be delivered to: Cantor Fitzgerald & Co. 499 National Securities Corporation 410 Park Avenue – 14th Fl. New York, NY 10022 Telephone: (866) 748-0025 Attention: Capital Markets Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, ...NY 10022 Attention: General Counsel Facsimile: (212) 307-3730 and with a copy to: Latham & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Telephone: ( ) ___-____ Attention: Cheston J. Larson, Esq. Facsimile: (858) 523-5450 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 ITUS Corporation 12100 Wilshire Blvd. Los Angeles, CA 90025 Telephone: (310) 484-5200 Attention: General Counsel Facsimile: (617) 275-0039 Robert A. Berman, Chief Executive Officer with a copy to: Cooley Ellenoff, Grossman &Schole, LLP 3175 Hanover Street Palo Alto, California 94304] 1345 6th Ave. New York, NY 10105 Telephone: (212) 370-1300 Attention: Mehdi Khodadad Facsimile: (650) 849-7400 Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 14 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification confirmation of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, JMP, shall be delivered to: Cantor Fitzgerald & Co. 499 Park JMP Securities LLC 600 Montgomery Street, Suite 100 San Francisco, California 94111 Attention: Facsimile: with a copy to: LeClairRyan, A Professional Corporation 885 Third Avenue New York, NY 10022 Attention: Capital Marke...ts James T. Seery Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: General Counsel Facsimile: (212) 307-3730 and with a copy to: Latham & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston J. Larson, Esq. Facsimile: (858) 523-5450 (973) 491-3415 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 Arlington Asset Investment Corp. 1001 Nineteenth Street North, Suite 1900 Arlington, VA 22209 Attention: General Counsel J. Rock Tonkel, Jr. Facsimile: (617) 275-0039 (703) 373-0680 with a copy (such copy shall not constitute notice) to: Cooley Hunton & Williams LLP 3175 Hanover Riverfront Plaza, East Tower 951 East Byrd Street Palo Alto, California 94304] Richmond, VA 23219 Attention: Mehdi Khodadad S. Gregory Cope, Esq. Facsimile: (650) 849-7400 (804) 343-4833 Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally personally, by 26 email, or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 14 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification confirmation of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, MLV, shall be delivered to: Cantor Fitzgerald MLV & Co. 499 Park LLC 1251 Avenue of the Americas, 41st Floor New York, New York 10020 Attention: Dean M. Colucci Facsimile: (212) 317-1515 with a copy to: LeClairRyan, A Professional Corporation 885 Third Avenue New York, NY 10022 Atte...ntion: Capital Markets James T. Seery Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: General Counsel Facsimile: (212) 307-3730 and with a copy to: Latham & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston J. Larson, Esq. Facsimile: (858) 523-5450 (973) 491-3415 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 Arlington Asset Investment Corp. 1001 Nineteenth Street North, Suite 1900 Arlington, VA 22209 Attention: General Counsel J. Rock Tonkel, Jr. Facsimile: (617) 275-0039 (703) 373-0680 with a copy (such copy shall not constitute notice) to: Cooley Hunton & Williams LLP 3175 Hanover Riverfront Plaza, East Tower 951 East Byrd Street Palo Alto, California 94304] Richmond, VA 23219 Attention: Mehdi Khodadad S. Gregory Cope, Esq. Facsimile: (650) 849-7400 (804) 343-4833 26 Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally personally, by email, or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 14 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification confirmation of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, Agents, shall be delivered to: Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: Capital Markets Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: General Counsel Facsimile: (212) 307-3730 the addr...esses set forth on the first page of this Agreement and with a copy to: Latham & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston J. Larson, Esq. Facsimile: (858) 523-5450 the e-mails set forth on Schedule 3, and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Moleculin Biotech, Inc. 75 Park Plaza Boston, Massachusetts 02116 2575 West Bellfort Suite 333 Houston, Texas 77054 Attention: General Counsel Facsimile: (617) 275-0039 Chief Financial Officer Telephone: 713-300-5160 Email: jfoster@moleculin.com with a copy to: Cooley Schiff Hardin, LLP 3175 Hanover 100 N. 18th Street Palo Alto, California 94304] Suite 300 Philadelphia, Pennsylvania 19103 Attention: Mehdi Khodadad Facsimile: (650) 849-7400 Cavas Pavri Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally personally, by email, or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 14 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification confirmation of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, MLV, shall be delivered to: Cantor Fitzgerald MLV & Co. 499 Park LLC 1251 Avenue of the Americas, 41 Floor New York, NY 10022 10020 Attention: Capital Markets Dean Colucci Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attent...ion: General Counsel Facsimile: (212) 307-3730 and 212-317-1515 with a copy to: Latham & Watkins Reed Smith LLP 12670 High Bluff Drive San Diego, CA 92130 599 Lexington Avenue New York, New York 10022 Attention: Cheston J. Larson, Esq. Daniel I. Goldberg Facsimile: (858) 523-5450 212-521-5450 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 Magnum Hunter Resources Corporation 777 Post Oak Boulevard, Suite 650 Houston, Texas 77056 Attention: General Counsel David Lipp Facsimile: (617) 275-0039 with a copy to: Cooley LLP 3175 Hanover Street Palo Alto, California 94304] Attention: Mehdi Khodadad Facsimile: (650) 849-7400 832-369-6992 Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. 30 An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement hereunder shall be in writing, unless otherwise specified, writing and if sent shall be mailed, hand delivered or telecopied and confirmed to the Agent, shall be delivered to: parties hereto as follows: If to the Representative: Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: Capital Markets Facsimile: (212) 307-3730 -34- with copies ...to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 829-4708 Attention: General Counsel Facsimile: (212) 307-3730 and with a copy to: Latham & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston J. Larson, Esq. Facsimile: (858) 523-5450 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 Attention: General Counsel Facsimile: (617) 275-0039 with a copy to: Cooley LLP 3175 Hanover Street 1114 Avenue of the Americas New York, NY 10036 Facsimile: (212) 479-6275 Attention: Daniel I. Goldberg, Esq. If to the Company: Pacific Biosciences of California, Inc. 1305 O'Brien Drive Menlo Park, CA 94025 Facsimile: (650) 323-9420 Attention: Stephen Moore, Esq. with a copy to: Wilson Sonsini Goodrich & Rosati, P.C. 650 Page Mill Road Palo Alto, California 94304] Attention: Mehdi Khodadad CA 94304 Facsimile: (650) 849-7400 493-6811 Attention: Donna M. Petkanics, Esq. Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier -33- and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 15 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, shall be delivered to: Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: Capital Markets Markets/Jeffrey Lumby Facsimile: (212) 307-3730 -34- with copies to and: Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: General Counsel Facsimile: (212...) 307-3730 and 829-4708 with a copy to: Latham & Watkins Cooley LLP 12670 High Bluff Drive San Diego, CA 92130 1114 Avenue of the Americas New York, NY 10036 Attention: Cheston J. Larson, Daniel I. Goldberg, Esq. Facsimile: (858) 523-5450 Email: dgoldberg@cooley.com 32 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Intrepid Potash, Inc. 75 Park Plaza Boston, Massachusetts 02116 707 17th Street, Suite 4200 Denver, Colorado Attention: General Counsel Facsimile: (617) 275-0039 Robert P. Jornayvaz III, Chief Executive Officer Email: bobj@intrepidpotash.com with a copy to: Cooley Latham & Watkins LLP 3175 Hanover Street Palo Alto, California 94304] 811 Main Street, Suite 3700 Houston, TX 77002 Attention: Mehdi Khodadad Facsimile: (650) 849-7400 Michael E. Dillard John M. Greer Email: michael.dillard@lw.com john.greer@lw.com Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Agent, shall be delivered to: Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: Capital Markets Markets/Jeff Lumby Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue -33- New York, NY 10022 Attention: Stephen Merkel General Counsel Fac...simile: (212) 307-3730 and with a copy to: Latham & Watkins Reed Smith LLP 12670 High Bluff Drive San Diego, CA 92130 599 Lexington Avenue New York, NY 10022 Attention: Cheston J. Larson, Daniel I. Goldberg, Esq. Facsimile: (858) 523-5450 (212) 521-5450 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Enzo Biochem, Inc. 75 Park Plaza Boston, Massachusetts 02116 527 Madison Ave. New York, New York 10022 Attention: General Counsel Barry W. Weiner Facsimile: (617) 275-0039 (212) 679-7999 and 60 Executive Blvd. Farmingdale, New York 11735 Attention: Andrew R. Crescenzo Facsimile: (631) 715-3257 with a copy to: Cooley McDermott Will & Emery LLP 3175 Hanover Street Palo Alto, California 94304] 340 Madison Avenue New York, NY 10173 Attention: Mehdi Khodadad Robert H. Cohen, Esq. Facsimile: (650) 849-7400 (212) 547-5444 Each party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) by Electronic Notice as set forth in the next paragraph, (iii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iv) (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. -34- An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 13 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. -35- 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. References to any of the parties contained in this Agreement shall be deemed to include the successors and permitted assigns of such party. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective successors and permitted assigns any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that the Agent may assign its rights and obligations hereunder to an affiliate thereof without obtaining the Company's consent.View More
