Notices Clause Example with 46 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, requests and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective shall be in writing (except as expressly provided herein) at their respective addresses set forth below or at such other address as may hereafter be specified in a notice designated as a notice of change of address under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified ...mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder shall be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section.View More
Variations of a "Notices" Clause from Business Contracts
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective all other communications provided for in this Agreement shall be in writing (except as expressly provided herein) at their and delivered by United States certified or registered mail (return receipt requested, postage prepaid) or by courier guaranteeing overnight delivery or by hand delivery (with signed receipt required), addressed t...o the respective addresses set forth below, and such notice or communication shall be deemed to have been duly given two days after deposit in the mail, one day after deposit with such overnight carrier or upon delivery with hand delivery. The addresses set forth below may be changed by a writing in accordance herewith. Company:Civeo Corporation333 Clay Street, Suite 4980Houston, Texas 77002Attn: Chairman of the Board Executive:Mike Ridley __________________________________________ 10 12. Arbitration. Subject to the Company's right to seek equitable or at such other address injunctive relief pursuant to Section 14, the parties agree to resolve any claim or controversy arising out of or relating to this Agreement, including but not limited to the consequences of any termination of employment of Executive, by binding arbitration under the Federal Arbitration Act before one arbitrator in Houston, Texas, administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The fees and expenses of the arbitrator shall be borne solely by the non-prevailing party or, in the event there is no clear prevailing party, as may hereafter be specified in a notice designated the arbitrator deems appropriate. Except as a notice of change of address provided above, each party shall pay its own costs and expenses (including, without limitation, attorneys' fees) relating to any mediation/arbitration proceeding conducted under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder shall be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. 12. View More
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective all other communications provided for in this Agreement shall be in writing (except as expressly provided herein) at their and delivered by United States certified or registered mail (return receipt requested, postage prepaid) or by courier guaranteeing overnight delivery or by hand delivery (with signed receipt required), addressed t...o the respective addresses set forth below, and such notice or communication shall be deemed to have been duly given two days after deposit in the mail, one day after deposit with such overnight carrier or upon delivery with hand delivery. The addresses set forth below may be changed by a writing in accordance herewith. Company:Civeo Corporation333 Clay Street, Suite 4980Houston, Texas 77002Attn: Chairman of the Board Executive:Al Schoening __________________________________________ 11. Arbitration. The parties agree to resolve any claim or at such other address controversy arising out of or relating to this Agreement, including but not limited to the consequences of any termination of employment of Executive, by binding arbitration under the Federal Arbitration Act before one arbitrator in Houston, Texas, administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The fees and expenses of the arbitrator shall be borne solely by the non-prevailing party or, in the event there is no clear prevailing party, as may hereafter be specified in a notice designated the arbitrator deems appropriate. Except as a notice of change of address provided above, each party shall pay its own costs and expenses (including, without limitation, attorneys' fees) relating to any mediation/arbitration proceeding conducted under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder shall be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. 11. View More
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon all other communications provided for in the Senior Lender or the Debtors or the Subordinated Lender to be effective Agreement shall be in writing (except as expressly provided herein) at their and shall be deemed to have been duly given when delivered 7 or mailed by United States registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below below, or at to ...such other address as either party may hereafter be specified have furnished to the other in a notice designated as a writing in accordance herewith, except that notice of change of address under shall be effective only upon actual receipt: To the Company: Terex Corporation200 Nyala Farm RoadWestport, Connecticut 06880Attention: General Counsel To the Executive: __________________________________________ 14.Miscellaneous. No provision of this Section 17. Any notice Agreement may be modified, waived or request required discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be given performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not expressly set forth in this Agreement. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Connecticut without regard to the principles of conflicts of law which might otherwise apply. All references to sections of the Exchange Act or the Code shall be deemed also to refer to any successor provisions to such sections. Any payments provided for hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered paid net of any applicable withholding required under federal, state or certified mail, return receipt requested, or (d) facsimile local law and any additional withholding to which the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice Executive has agreed. In the event that either party hereto shall institute proceedings for the enforcement of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder this Agreement, the succeeding party shall be deemed given on entitled to recover the earlier of (i) actual receipt thereof, reasonable fees and (ii) (A) one (1) business day following posting thereof expenses incurred by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, such succeeding party in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. connection therewith, including reasonable attorneys fees. View More
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective all other communications provided for in this Agreement shall be in writing (except as expressly provided herein) at their and shall be deemed to have been duly given when delivered or mailed by United States registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below below, or at...to such other address as either party may hereafter be specified have furnished to the other in a notice designated as a writing in accordance herewith, except that notice of change of address under shall be effective only upon actual receipt: To the Company: USA Truck, Inc. 3201 Industrial Park Road Van Buren, Arkansas 72956 Attention: Chairman of the Board To the Executive: Russell A. Overla ___________________ ___________________ 12. Miscellaneous. No provision of this Section 17. Any notice Agreement may be modified, waived, or request required discharged unless such waiver, modification, or discharge is agreed to in writing and signed by the Executive and an officer of the Company specifically designated by the Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be given hereunder shall be given performed by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder party shall be deemed given on a waiver of similar or dissimilar provisions or conditions at the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each either party at its address which are not expressly set forth below or at in this Agreement. All references to sections of the Code shall be deemed also to refer to any successor provisions to such other address as has been furnished in writing sections. 12 13. Governing Law. The validity, interpretation, construction, and performance of this Agreement shall be governed by a party the internal, substantive laws of the State of Delaware, without giving effect to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. law or principles of conflict of laws of any jurisdiction. View More
Notices. All notices, requests and demands Each notice relating to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective shall this Agreement will be in writing (except as expressly provided herein) at their respective addresses set forth below and delivered in person or by certified mail to the proper address. Notices to the Corporation shall be addressed to the Corporation, attention: President, at such other address as may hereafter constitute the Corporation's principal ...place of business at the time, with a copy to: Kane and Kessler New York______________________. Notices to the Recipient or other person or persons then entitled to exercise the Option shall be specified in addressed to the Recipient or such other person or persons at the Recipient's address below specified. Anyone to whom a notice designated as a notice of change of address may be given under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as Agreement may hereafter be specified in designate a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder shall be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its new address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in to that effect given pursuant to this Section. Paragraph 10. View More
Notices. All notices, requests and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender Any notice to be effective shall given hereunder will be in writing (except as expressly provided herein) and will be deemed given when delivered personally, sent by courier or fax or registered or certified mail, postage prepaid, return receipt requested, addressed to the party concerned at their respective addresses set forth the address indicated below or at to such other address as such p...arty may hereafter be specified in a notice designated as a subsequently give notice of change of address hereunder in writing: To Executive at: Jon Isaac ___________________ ___________________ Phone: (___) ___-_____ To the Company at: LiveDeal, Inc. 6240 McLeod Drive, Suite 120 Las Vegas, NV 89120 Phone: (702) 939-0230 Fax: (702) 939-0246 Attention: CFO With a copy (which shall not constitute notice hereunder) to: Daniel M. Mahoney, Esq. Snell & Wilmer L.L.P. One Arizona Center 400 East Van Buren St. Phoenix, Arizona 85004 Phone: (602) 382-6206 Fax: (602) 382-6070 Any notice delivered personally or by courier under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder shall will be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof date delivered. Any notice sent by a recognized overnight courier, (B) three (3) days following posting thereof by fax or registered or certified mail, postage prepaid, return receipt requested, will be deemed given on the date faxed or (C) upon mailed. Each party may change the sending thereof when address to which notices are to be sent by facsimile giving notice of such change in conformity with electronic confirmation the provisions of its receipt, this Section. 5 17. Severability. In the event that any one or more of the provisions of this Agreement will be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of the Agreement will not in each case addressed any way be affected or impaired thereby. Moreover, if any one or more of the provisions contained in this Agreement will be held to each party at its address set forth below be excessively broad as to duration, activity or at subject, such other address provisions will be constructed by limiting and reducing them so as has been furnished in writing by a party to be enforceable to the other maximum extent allowed by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. applicable law. View More
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon all other communications provided for in the Senior Lender or the Debtors or the Subordinated Lender to be effective Agreement shall be in writing (except as expressly provided herein) at their and shall be deemed to have been duly given when delivered or mailed by United States registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below below, or at to su...ch other address as either party may hereafter be specified have furnished to the other in a notice designated as a writing in accordance herewith, except that notice of change of address under shall be effective only upon actual receipt: To the Company: Terex Corporation200 Nyala Farm Road Westport, Connecticut 06880 Attention: General Counsel To the Executive: ________________________________________________ 14. Miscellaneous. No provision of this Section 17. Any notice Agreement may be modified, waived or request required discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be given performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not expressly set forth in this Agreement. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Connecticut without regard to the principles of conflicts of law which might otherwise apply. All references to sections of the Exchange Act or the Code shall be deemed also to refer to any successor provisions to such sections. Any payments provided for hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered paid net of any applicable withholding required under federal, state or certified mail, return receipt requested, or (d) facsimile local law and any additional withholding to which the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice Executive has agreed. In the event that either party hereto shall institute proceedings for the 8 enforcement of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder this Agreement, the succeeding party shall be deemed given on entitled to recover the earlier of (i) actual receipt thereof, reasonable fees and (ii) (A) one (1) business day following posting thereof expenses incurred by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, such succeeding party in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. connection therewith, including reasonable attorneys fees. View More
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective all other communications provided for in this Agreement shall be in writing (except as expressly provided herein) at their and shall be deemed to have been duly given when delivered or mailed by United States registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below below, or at...to such other address as either party may hereafter be specified have furnished to the other in a notice designated as a writing in accordance herewith, except that notice of change of address under shall be effective only upon actual receipt: To the Company: USA Truck, Inc. 3201 Industrial Park Road Van Buren, Arkansas 72956 Attention: Chairman of the Board To the Executive: Russell A. Overla ___________________ ___________________ 12. Miscellaneous. No provision of this Section 17. Any notice Agreement may be modified, waived, or request required discharged unless such waiver, modification, or discharge is agreed to in writing and signed by the Executive and an officer of the Company specifically designated by the Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be given hereunder shall be given performed by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder party shall be deemed given on a waiver of similar or dissimilar provisions or conditions at the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each either party at its address which are not expressly set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. Agreement. All references to sections of the Code shall be deemed also to refer to any successor provisions to such sections. View More
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective all other communications provided for in this Agreement shall be in writing (except as expressly provided herein) at their and shall be deemed to have been duly given when delivered or mailed by United States registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below below, or at...to such other address as either party may hereafter be specified have furnished to the other in a notice designated as a writing in accordance herewith, except that notice of change of address under shall be effective only upon actual receipt: To the Company: USA Truck, Inc. 3201 Industrial Park Road Van Buren, Arkansas 72956 Attention: Chairman of the Board To the Executive: Michael K. Borrows ___________________ ___________________ 12. Miscellaneous. No provision of this Section 17. Any notice Agreement may be modified, waived, or request required discharged unless such waiver, modification, or discharge is agreed to in writing and signed by the Executive and an officer of the Company specifically designated by the Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be given hereunder shall be given performed by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder party shall be deemed given on a waiver of similar or dissimilar provisions or conditions at the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each either party at its address which are not expressly set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. Agreement. All references to sections of the Code shall be deemed also to refer to any successor provisions to such sections. View More
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective all other communications provided for in this Agreement shall be in writing (except as expressly provided herein) at their and shall be deemed to have been duly given when delivered or mailed by United States registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below below, or at...to such other address as either party may hereafter be specified have furnished to the other in a notice designated as a writing in accordance herewith, except that notice of change of address under shall be effective only upon actual receipt: To the Company: USA Truck, Inc. 3201 Industrial Park Road Van Buren, Arkansas 72956 Attention: Chairman of the Board To the Executive: Martin Tewari ___________________ ___________________ 12. Miscellaneous. No provision of this Section 17. Any notice Agreement may be modified, waived, or request required discharged unless such waiver, modification, or discharge is agreed to in writing and signed by the Executive and an officer of the Company specifically designated by the Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be given hereunder shall be given performed by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder party shall be deemed given on a waiver of similar or dissimilar provisions or conditions at the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each either party at its address which are not expressly set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. Agreement. All references to sections of the Code shall be deemed also to refer to any successor provisions to such sections. View More
