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, 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: General Counsel Telephone: (212) 542-5870 Email: dcolucci@mlvco.com 32 with a copy to: LeClairRyan, A Professional Corporation 885 Third A...venue 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 James T. Seery Telephone: (973) 491-3315 Email: james.seery@leclairryan.com and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Galectin Therapeutics Inc. 75 Park Plaza Boston, Massachusetts 02116 4960 Peachtree Industrial Blvd., Suite 240 Norcross, GA 30071 Attention: General Counsel Facsimile: (617) 275-0039 Jack W. Callicutt Telephone: (470) 299-4724 Email: callicutt@galectintherapeutics.com with a copy to: Cooley Arnall Golden Gregory LLP 3175 Hanover 171 17th Street Palo Alto, California 94304] NW, Suite 2100 Atlanta, GA 30363 Attention: Mehdi Khodadad Facsimile: (650) 849-7400 Adam S. Skorecki, Esq. Telephone: (404) 873-8628 Email: adam.skorecki@agg.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 received (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. 33 15. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent MLV and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 hereof. directors. 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. party. 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 (212) 479-6275 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Aldeyra Therapeutics, Inc. 75 Park Plaza Boston, Massachusetts 02116 131 Hartwell Avenue, Suite 320 Lexington, MA 02421 Attention: General Counsel Facsimile: (617) 275-0039 Chief Financial Officer Email: stulipano@aldeyra.com -35- with a copy to: Cooley Gunderson Dettmer Stough Villeneuve Franklin & Hachigian, LLP 3175 Hanover Street Palo Alto, California 94304] One Marina Park Drive, Suite 900 Boston, MA 02210 Attention: Mehdi Khodadad Keith J. Scherer Facsimile: (650) 849-7400 617-648-9199 Email: kscherer@gunder.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 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 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, specified in this Agreement, and if sent to the Agent, Cowen, shall be delivered to: Cantor Fitzgerald & Co. 499 Park Avenue to Cowen at Cowen and Company, LLC, 599 Lexington Avenue, New York, NY 10022 Attention: Capital Markets Facsimile: (212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park A...venue New York, NY 10022 10022, fax no. 646-562-1124, Attention: General Counsel Facsimile: (212) 307-3730 and Counsel, with a copy to: Latham to Nelson Mullins Riley & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston J. Larson, Esq. Facsimile: (858) 523-5450 and Scarborough, fax no. (202) 712-2860; or if sent to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 Attention: to MacroGenics, Inc., 9704 Medical Center Drive, Rockville, Maryland 20850, fax no. (301) 354-2683, attention: General Counsel Facsimile: (617) 275-0039 Counsel, with a copy to: Cooley LLP 3175 Hanover Street Palo Alto, California 94304] Attention: Mehdi Khodadad Facsimile: (650) 849-7400 to Covington & Burling LLP, fax no. (646) 441-9111, attention: Eric Blanchard. 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 (as defined below), or, if such day is not a Business Day, 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 cover and confirmed by such receiving party sending Electronic Notice receives verification of receipt by the receiving party. in writing (including via email or fax). 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. -26- 13. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent Cowen and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 9 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 Cowen may assign its rights and obligations hereunder to an affiliate thereof of Cowen 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: General Counsel Telephone: (212) 542-5870 Email: dcolucci@mlvco.com with a copy to: LeClairRyan, A Professional Corporation 32 885 Third A...venue 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 James T. Seery Telephone: (973) 491-3315 Email: james.seery@leclairryan.com and if to the Company, shall be delivered to: Paratek Pharmaceuticals, TG Therapeutics, Inc. 75 Park Plaza Boston, Massachusetts 02116 787 Seventh Avenue, 48th Floor Attention: General Counsel Facsimile: (617) 275-0039 Sean A. Power Telephone: [(212) 554-4484] Email: sp@tgtxinc.com with a copy to: Cooley Alston & Bird LLP 3175 Hanover Street Palo Alto, California 94304] 90 Park Avenue New York, NY 10016 Attention: Mehdi Khodadad Facsimile: (650) 849-7400 Mark F. McElreath, Esq. Telephone: (212) 210-9595 Email: mark.mcelreath@alston.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 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. 33 15. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent MLV and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 10 11 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. party. View More
Notices. (a) All placement notices, rejection notices, confirmation notices or suspension notices may be delivered in the manner referenced above to the contact information provided on Schedule 2, as subsequently changed by notice to the persons on such Schedule. All other 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 and, if sent to the Agent, MLV, shall be del...ivered to: Cantor Fitzgerald to MLV & Co. 499 Park LLC, 1251 Avenue of the Americas, 41st Floor, New York, NY 10022 10020, Attention: Capital Markets Facsimile: Dean Colucci (fax no. : (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 542-5870), and, if sent to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 to Resource Capital Corp., 1845 Walnut Street, Philadelphia, Pennsylvania 19103, 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 Michael S. Yecies (fax no. : (215) 546-5388). (b) 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 party to this Agreement may change the contact information on Schedule 2 for any of such party's contacts by sending to the other Party to this Agreement written notice of any new contact information. 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. (c) 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 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. 36 16. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent MLV and their respective successors and the affiliates, controlling persons, officers officers, trustees and directors referred to in Section 10 12 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. party. View More
Notices. (a)All placement notices, rejection notices, confirmation notices or suspension notices may be delivered in the manner referenced above to the contact information provided on Schedule 2, as subsequently changed by notice to the persons on such Schedule. All other 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 and, if sent to the Agent, MLV, shall be deli...vered to: Cantor Fitzgerald to MLV & Co. 499 Park LLC, 1251 Avenue of the Americas, 41st Floor, New York, NY 10022 10020, Attention: Capital Markets Facsimile: Dean Colucci (fax no. : (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 542-5870), and, if sent to the Company, shall be delivered to: Paratek Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 to Resource Capital Corp., 1845 Walnut Street, Philadelphia, Pennsylvania 19103, 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 Michael S. Yecies (fax no. : (215) 546-5388). (b)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 party to this Agreement may change the contact information on Schedule 2 for any of such party's contacts by sending to the other Party to this Agreement written notice of any new contact information. 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 (c)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 Notice.15.Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company and the Agent MLV and their respective successors and the affiliates, controlling persons, officers officers, trustees and directors referred to in Section 10 11 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. party. 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 Facsimile: (212) Attention:Capital Markets/Jeffrey Lumby Facsimile:(212) 307-3730 -34- with copies to Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attention: At...tention:Stephen Merkel General Counsel Facsimile: (212) Facsimile:(212) 307-3730 and with a copy to: Latham & Watkins Reed Smith LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston J. Larson, 599 Lexington Avenue New York, NY 10022 Attention:Daniel I. Goldberg, Esq. Facsimile: (858) 523-5450 Facsimile:(212) 521-5450 and if to the Company, shall be delivered to: Paratek Pharmaceuticals, Real Industry, Inc. 75 Park Plaza Boston, Massachusetts 02116 Attention: General Counsel Facsimile: (617) 275-0039 15301 Ventura Boulevard, Suite 400 Sherman Oaks, CA 91403 Attention:Kyle Ross Facsimile:(805) 823-1737 19 with a copy to: Cooley Crowell & Moring LLP 3175 Hanover Street Palo Alto, California 94304] Attention: Mehdi Khodadad Facsimile: (650) 849-7400 275 Battery St., 23rd Floor San Francisco, CA 94111 Attention:Murray A. Indick Facsimile:(415) 986-2827 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 New York, NY 10022 Attention: Stephen Merkel General Counsel Facsimil...e: (212) 307-3730 32 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, PharmAthene, Inc. 75 One Park Plaza Boston, Massachusetts 02116 Place, Suite 450 Annapolis, MD 21401 Attention: General Counsel Eric I. Richman Facsimile: (617) 275-0039 (410) 269-2666 with a copy to: Cooley SNR Denton US LLP 3175 Hanover Street Palo Alto, California 94304] 1221 Avenue of the Americas New York, New York 10020 Attention: Mehdi Khodadad Jeffrey A. Baumel, Esq. Facsimile: (650) 849-7400 (212) 768-6800 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, specified in this Agreement, 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: Ge...neral Counsel Facsimile: (212) 307-3730 and 829-4708 -31- 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 (212) 479-6275 and if to the Company, shall be delivered to: Paratek Tetraphase Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 480 Arsenal Way Watertown, MA 02472 Attention: General Counsel Facsimile: (617) 275-0039 926-3557 with a copy to: Cooley Wilmer Cutler Pickering Hale and Dorr LLP 3175 Hanover 60 State Street Palo Alto, California 94304] Boston, MA 02109 Attention: Mehdi Khodadad Stuart M. Falber, Esq. Facsimile: (650) 849-7400 (617) 526-5000 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 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 Facsimile: (212) Attention:Capital Markets/Jeffrey Lumby Facsimile:(212) 307-3730 -34- with copies to and: Cantor Fitzgerald & Co. 499 Park Avenue New York, NY 10022 Attentio...n: General Attention:General Counsel Facsimile: (212) 307-3730 and Facsimile:(212) 829-4708 with a copy to: Latham & Watkins LLP 12670 High Bluff Drive San Diego, CA 92130 Attention: Cheston Attention:Cheston J. Larson, Esq. Facsimile: (858) -33- Facsimile:(858) 523-5450 and if to the Company, shall be delivered to: Paratek Spring Bank Pharmaceuticals, Inc. 75 Park Plaza Boston, Massachusetts 02116 Attention: General Counsel Facsimile: (617) 275-0039 86 South Street Hopkinton, MA 01748 Attention:Martin Driscoll with a copy to: Cooley LLP 3175 Hanover Street Palo Alto, California 94304] Attention: Mehdi Khodadad Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. One Financial Center Boston, MA 02111 Attention:Megan Gates, Esq. Facsimile: (650) 849-7400 617-542-2241 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 prepaid) and commercial banks (iv) by Electronic Notice (defined below) as set forth in the City of New York are open for business. following paragraph. 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
