Notices Contract Clauses (104,236)

Notices. All notices and other communications hereunder shall be in writing and shall be deemed given when delivered personally or when telecopied (with confirmation of transmission received by the sender), three (3) business days after being sent by certified mail, postage prepaid, return receipt requested or one (1) business day after being delivered to a nationally recognized overnight courier with next day delivery specified to the parties at the following addresses (or at such other address for a... party as shall be specified by like notice): Company: Sirius XM Holdings Inc., 1221 Inc. 1290 Avenue of the Americas, 36th Floor, Americas 11th Floor New York, New York 10020, 10104 Attention: Chief Executive Officer; and General Counsel Executive: Address on file at the office of the Company. Company Notices sent by email or other electronic means not specifically authorized by this Agreement shall not be effective for any purpose of this Agreement. View More

Notices. All communications provided for or permitted hereunder shall be in writing and shall be deemed to have been duly given if personally delivered, sent by overnight courier or mailed by registered mail, postage prepaid and return receipt requested, or transmitted by telecopier with transmission confirmed, if to (a) the Underwriters, addressed to the address first set forth above, or to such other address as the Representative may designate in writing to the Transferor, (b) the Bank, addressed to... Barclays Bank Delaware, 125 South West Street, Wilmington, Delaware 19801, Attention: Clinton Walker, Email: cwalker@barclaycardus.com, or (c) the Transferor, addressed to Barclays Dryrock Funding LLC, 100 S. West Street, Office 120, Wilmington, Delaware 19801, Attention: Deepesh Jain, Email: Deepesh.Jain@barclaycard.co.uk. 33 16. Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Nothing expressed herein is intended or shall be construed to give any Person other than the Persons referred to in the preceding sentence any legal or equitable right, remedy or claim under or in respect of this Agreement. View More

Notices. All notices, requests and other communications hereunder must be in writing and will be deemed to have been duly given only if delivered personally against written receipt or mailed by prepaid first class certified mail, return receipt requested, or mailed by overnight courier prepaid, to (a) Executive at the address on file with the Company, and (b) Company at the following address: -15- Notices to the Company: Bluerock REIT Operator, LLC c/o Bluerock Residential Growth REIT, Inc. 712 Fifth... Avenue, 9th Floor New York, NY 10019 Attention: Chief Executive Officer 14 Notices to Executive: c/o Bluerock Residential Growth REIT, Inc. 712 Fifth Avenue, 9th Floor New York, NY 10019 All such notices, requests and other communications will (i) if delivered personally to the address as provided in this Section 20, 19, be deemed given on the day so delivered, or, if delivered after 5:00 p.m. local time or on a day other than a Saturday, Sunday or any day on which banks located in the State of New York are authorized or obligated to close (a "Business Day"), then on the next proceeding Business Day, (ii) if delivered by certified mail in the manner described above to the address as provided in this Section 20, 19, be deemed given on the earlier of the third Business Day following mailing or upon receipt and (iii) if delivered by overnight courier to the address as provided for in this Section 20, 19, be deemed given on the earlier of the first Business Day following the date sent by such overnight courier or upon receipt, in each case regardless of whether such notice, request or other communication is received by any other Person to whom a copy of such notice is to be delivered pursuant to this Section 20. 19. Any party hereto from time to time may change its address or other information for the purpose of notices to that party by giving notice specifying such change to the other party hereto. View More

Notices. Any notice required or permitted hereunder shall be given in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail by certified registered mail, with postage and fees prepaid, addressed to the other party at its address as shown below beneath its signature, such address as may be set forth in Section 14 of the Plan or to such other address as such party may designate in writing from time to time to the other party.

Notices. All notices and other communications required under this Agreement will be in writing and will be deemed to have been duly given two days after mailing, via certified mail return-receipt requested, to the applicable party at the following addresses: If to the Company: GWG Holdings, Company:Western Capital Resources, Inc. Attention: Chief Executive Officer and Chief Financial Officer 220 South Sixth 11550 "I" Street, Suite 1200 Minneapolis, MN 55402 150 Omaha, NE 68137 Facsimile: (612) 746-0445 (402) 733-8545 If to Grantee: 5 13. Optionee:Angel Donchev 2410 17th Street NW, Apartment 308 Washington, D.C. 20009 11. Dispute Resolution. 13.1 (a) The parties will endeavor to resolve any disputes relating to the Agreement through amicable negotiations. Failing an amicable settlement, any controversy, claim or dispute arising under or relating to this Agreement, including the existence, validity, interpretation, performance, termination or breach of this Agreement, will finally be settled by binding arbitration before a single arbitrator (the "Arbitration Tribunal") jointly appointed by the parties. The Arbitration Tribunal shall arbitrator will self-administer the arbitration proceedings using the Commercial Rules of the American Arbitration Association ("AAA"); provided, however, the AAA shall not be involved in administration of the arbitration. The arbitrator must be a retired judge of a state or federal court of the United States or a licensed lawyer with at least 15 years of corporate or commercial law experience and have at least an AV rating by Martindale Hubbell. If the parties cannot agree on an arbitrator, either party may request a court of competent jurisdiction to appoint an arbitrator, which appointment will be final. 13.2 4 (b) The arbitration will be held in Dallas, Texas. Omaha, Nebraska. Each party will have discovery rights as provided by the Federal Rules of Civil Procedure within the limits imposed by the arbitrator; provided, however, that all such discovery will be commenced and concluded within 45 days of the selection of the arbitrator. It is the intent of the parties that any arbitration will be concluded as quickly as reasonably practicable. Once commenced, the hearing on the disputed matters will be held four days a week until concluded, with each hearing date to begin at 9:00 a.m. and to conclude at 5:00 p.m. The arbitrator will use all reasonable efforts to issue the final written report containing award or awards within a period of five business days after closure of the proceedings. Failure of the arbitrator to meet the time limits of this Article section will not be a basis for challenging the award. The Arbitration Tribunal arbitrator will not have the authority to award punitive damages to either party. Each party will bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal. arbitration. The Arbitration Tribunal shall arbitrator will award attorneys' fees and other related costs payable by the losing party to the successful party. This Agreement will be enforceable, and any arbitration award will be final and non-appealable, and judgment thereon may be entered in any court of competent jurisdiction. View More

Notices. All notices and other communications required under this Agreement will be in writing and will be deemed to have been duly given two days after mailing, via certified mail return-receipt requested, to the applicable party at the following addresses: If to the Company: GWG Holdings, Inc. Attention: Chief Executive Officer and Chief Financial Officer 220 South Sixth Street, Suite 1200 Minneapolis, MN 55402 Facsimile: (612) 746-0445 If to Grantee: 5 13. Optionee: Michael D. Freedman 505 Bell Lane... Ambler, PA 19002 10. Dispute Resolution. 13.1 (a) The parties will endeavor to resolve any disputes relating to the Agreement through amicable negotiations. Failing an amicable settlement, any controversy, claim or dispute arising under or relating to this Agreement, including the existence, validity, interpretation, performance, termination or breach of this Agreement, will finally be settled by binding arbitration before a single arbitrator (the "Arbitration Tribunal") jointly appointed by the parties. The Arbitration Tribunal shall self-administer the arbitration proceedings using the Commercial Rules of the American Arbitration Association ("AAA"); provided, however, the AAA shall not be involved in administration of the arbitration. The arbitrator must be a retired judge of a state or federal court of the United States or a licensed lawyer with at least 15 years of corporate or commercial law experience and have at least an AV rating by Martindale Hubbell. If the parties cannot agree on an arbitrator, either party may request a court of competent jurisdiction to appoint an arbitrator, which appointment will be final. 13.2 (b) The arbitration will be held in Dallas, Texas. Minneapolis, Minnesota. Each party will have discovery rights as provided by the Federal Rules of Civil Procedure within the limits imposed by the arbitrator; provided, however, that all such discovery will be commenced and concluded within 45 days of the selection of the arbitrator. It is the intent of the parties that any arbitration will be concluded as quickly as reasonably practicable. Once commenced, the hearing on the disputed matters will be held four days a week until concluded, with each hearing date to begin at 9:00 a.m. and to conclude at 5:00 p.m. The arbitrator will use all reasonable efforts to issue the final written report containing award or awards within a period of five business days after closure of the proceedings. Failure of the arbitrator to meet the time limits of this Article will not be a basis for challenging the award. The Arbitration Tribunal will not have the authority to award punitive damages to either party. Each party will bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal. The Arbitration Tribunal shall award attorneys' fees and other related costs payable by the losing party to the successful party. This Agreement will be enforceable, and any arbitration award will be final and non-appealable, and judgment thereon may be entered in any court of competent jurisdiction. 5 11. General Provisions. (a) The Company shall at all times during the term of the Option reserve and keep available such number of Shares as will be sufficient to satisfy the requirements of this Agreement. (b) Nothing herein expressed or implied is intended or shall be construed as conferring upon or giving to any person, firm, or corporation, other than the parties hereto, any rights or benefits under or by reason of this Agreement. (c) Each party agrees to execute such further documents as may be necessary or desirable to effect the purposes of this Agreement. (d) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. (e) This Agreement, in its interpretation and effect, shall be governed by the laws of the State of Minnesota applicable to contracts executed and to be performed therein, and without regard to any of such state's conflicts-of-law provisions. View More

Notices. Any notice, demand or request required or permitted to be given by either the Company or Participant a Stockholder pursuant to the terms of this Agreement shall be in writing and shall be deemed given when delivered personally or deposited in the U.S. mail, First Class with postage prepaid, and addressed to the parties at the addresses of the parties set forth at the end of this Agreement or such other address as a party may request by notifying the other in writing. -7- Any notice to the... Escrow Holder shall be sent to the Company's address with a copy to the other party parties not sending the notice. View More

Notices. Any notice, demand or request required or permitted to be given by either the Company or Participant pursuant to the terms of this Agreement shall be in writing and shall be deemed given when delivered personally or deposited in the U.S. mail, First Class with postage prepaid, and addressed to the parties at the addresses of the parties set forth at the end of this Agreement or such other address as a party may request by notifying the other in writing. Any notice to the Escrow Holder shall be... sent to the Company's address with a copy to the other party not sending the notice. View More

Notices. Unless otherwise provided, any notice required or permitted under this Agreement shall be given in writing and shall be deemed effectively given (i) at the time of personal delivery, if delivery is in person; (ii) one (1) business day delivery by facsimile transmission or after deposit with an express overnight courier for United States deliveries, with proof of delivery from the courier requested (provided that written or electronic confirmation of receipt is obtained), or two (2) business... days after such deposit for deliveries outside of the United States, with proof of delivery from the courier requested; or (iii) on the day of proof of receipt, if mailed by registered or certified mail (return receipt requested) for United States deliveries when addressed to the party to be notified at the address indicated for such party pursuant to the Agreement or, in the case of the Company, at 347 Fifth Avenue, Suite 1402, New York, NY 10016, and for the Warrant Holder, 10 School Lane, Scarsdale, NY 10583, 140 Broadway, 44th Floor, New York, New York 10005, or at such other address as any party or the Company may designate by giving ten (10) days' advance written notice to all other parties. View More

Notices. All notices and other communications required or permitted under this Agreement shall be in writing and, if mailed by prepaid first-class mail or certified mail, return receipt requested, shall be deemed to have been received on the earlier of the date shown on the receipt or three (3) business days after the postmarked date thereof. In addition, notices hereunder may be delivered by hand or overnight courier, in which event the notice shall be deemed effective when delivered. All notices and... other communications under this Agreement shall be given to the parties hereto at the following addresses: (i) If 11 (i)If to the Bank, to it at: Post Office Box 23900 Green Bay, Wisconsin 54305-3900 (ii) If (ii)If to the Executive, to him at: 3486 Solitude Rd. De Pere, Wisconsin 54115 3760 Hidden Trail Oneida, WI 54155 13. Assignment. Neither party hereto may assign or delegate this Agreement or any of its rights and obligations hereunder without the written consent of the other party to this Agreement; provided, however, that the rights and obligations of the Bank shall apply to its successor(s) and the rights of the Executive shall inure to the benefit of the heirs or the estate of the Executive. View More

Notices. All communications hereunder shall be in writing and effective only upon receipt and if to the Initial Purchasers shall be delivered, mailed or sent to the Initial Purchasers you in care of J.P. Morgan Securities LLC, at 383 Madison Avenue, New York, New York 10179, Attention: Andreas Pierroutsakos, Lauren Camp, with a copy to the Legal Department; and if to the Company shall be delivered, mailed or sent to 4714 Gettysburg Road, P.O. Box 2034, Mechanicsburg, Pennsylvania 17055, Attention:... General Counsel, with a copy to Dechert LLP, Cira Centre 2929 Arch Street, Philadelphia, PA 19104, Attention: Stephen M. Leitzell, Esq. View More

Notices. All communications hereunder shall be in writing and effective only upon receipt and if to the Initial Purchasers shall be delivered, mailed or sent to the Initial Purchasers you in care of J.P. Morgan Securities LLC, at 383 Madison Avenue, New York, New York 10179, Attention: Andreas Pierroutsakos, Lauren Camp, with a copy to the Legal Department; and if to the Company shall be delivered, mailed or sent to 4714 Gettysburg Road, P.O. Box 2034, Mechanicsburg, Pennsylvania 17055, Attention:... General Counsel, with a copy to Dechert LLP, Cira Centre 2929 Arch Street, Philadelphia, PA 19104, Attention: Stephen M. Leitzell, Esq. View More

Notices. All communications hereunder will be in writing and effective only on receipt, and, if sent to the Representatives, will be mailed, delivered or telefaxed to BofA Securities, Inc., (fax no. : (646) 855-5958) and confirmed to BofA Securities, Inc., 50 Rockefeller Plaza, NY1-050-12-01, New York, New York 10020, Attn: High Grade Transaction Management/Legal; the Citigroup Global Markets Inc. General Counsel (fax no. : (646) 291-1469) 291-1469 and confirmed to the General Counsel, Citigroup Global... Markets Inc., at 388 Greenwich Street, New York, New York, York 10013, Attention: General Counsel; and the Goldman Goldman, Sachs & Co. LLC Registration Department, at 200 West Street, New York, New York 10282, Attention: Registration Department (tel. no. : (866) 471- 2526); 471-2526); and Merrill Lynch, Pierce, Fenner & Smith Incorporated, at 50 Rockefeller Plaza, NY1-050-12-01, New York, New York 10020, Attn: High Grade Transaction Management/Legal (fax no. : (646) 855-5958); with a copy for information purposes to Paul D. Tropp, Esq. (fax no. : (646) 728-2823) 465-7481) and confirmed to Ropes & Gray Freshfields Bruckhaus Deringer US LLP, at 1211 Avenue of the Americas 601 Lexington Avenue, New York, New York 10036, 10022, Attention: Paul D. Tropp, Esq. ; or, if sent to the Company, will be mailed, delivered or telefaxed to Rhonda M. Taylor, Esq. (fax no. : (615) 855-5517) and confirmed to it at Dollar General Corporation, at 100 Mission Ridge, Goodlettsville, Tennessee 37072, attention of Rhonda M. Taylor, Esq., with a copy for information purposes to Joseph H. Kaufman, Esq. (fax no. : (212) 455-2502) and confirmed to Simpson Thacher & Bartlett LLP, at 425 Lexington Avenue, New York, New York 10017-3954, attention of Joseph H. Kaufman, Esq. View More