Notices Contract Clauses (104,236)

Notices. All communications hereunder will be in writing and, if sent to the Underwriters, will be mailed, delivered or telegraphed and confirmed to the Representatives c/o UBS Securities Morgan Stanley & Co. LLC, 1285 Avenue of the Americas, Attention: Prospectus Department, 180 Varick Street, 2nd Floor, New York, New York 10019, Attention: Syndicate (fax: (212) 713-3371) 10014 and c/o Credit Suisse Securities (USA) LLC, Eleven Madison Avenue, New York, New York 10010-3629, Facsimile: (212) 325-4296,... Attention: IBCM-Legal, with a copy to Ropes & Gray LLP, 1211 Avenue of the Americas, New York, New York 10012; Attention: Paul D. Tropp, Esq., if sent to the Company, will be mailed, delivered or telegraphed and confirmed to it at 53 Forest Avenue, Old Greenwich, CT 06870, Attention: Laurence Penn, Chief Executive Officer and President, with a copy to Vinson & Elkins L.L.P., 901 East Byrd Street Suite 1500, Richmond, Virginia 23219; Attention: Daniel M. LeBey, Esq., or if sent to the Manager, will be mailed, delivered or telegraphed to and confirmed to it at 53 Forest Avenue, Old Greenwich, CT 06870, Attention: Laurence Penn; provided, however, that any notice to an Underwriter pursuant to Section 8 will be mailed, delivered or telegraphed and confirmed to such Underwriter. View More

Notices. All communications hereunder will be in writing and, if sent to the Underwriters, will be mailed, delivered or telegraphed and confirmed to the Representatives Representative c/o UBS Securities Morgan Stanley & Co. LLC, 1285 Avenue of the Americas, 1585 Broadway, New York, New York 10019, 10036, Attention: Equity Syndicate (fax: (212) 713-3371) Desk, with a copy to the Legal Department and c/o Credit Suisse Securities (USA) LLC, Eleven Madison with a copy to Freshfields Bruckhaus Deringer US... LLP, 601 Lexington Avenue, 31st Floor, New York, New York 10010-3629, Facsimile: (212) 325-4296, Attention: IBCM-Legal, with a copy to Ropes & Gray LLP, 1211 Avenue of the Americas, New York, New York 10012; 10022; Attention: Paul D. Tropp, Esq., if sent to the Company, will be mailed, delivered or telegraphed and confirmed to it at 53 Forest Avenue, Old Greenwich, CT 06870, Attention: Laurence Penn, Chief Executive Officer and President, with a copy to Vinson & Elkins L.L.P., LLP, 901 East Byrd Street Suite 1500, Richmond, Virginia 23219; Attention: Daniel M. LeBey, Esq., or if sent to the Manager, will be mailed, delivered or telegraphed to and confirmed to it at 53 Forest Avenue, Old Greenwich, CT 06870, Attention: Laurence Penn; provided, however, that any notice to an Underwriter pursuant to Section 8 will be mailed, delivered or telegraphed and confirmed to such Underwriter. View More

Notices. All notices, offers, acceptance and any other acts under this Subscription Agreement (except payment) must be in writing, and is sufficiently given if delivered to the addressees in person, by overnight courier service, facsimile, electronic transmission (including via email) or, if mailed, postage prepaid, by certified mail (return receipt requested), and will be effective three days after being placed in the mail if mailed, or upon receipt or refusal of receipt, if delivered personally or by... courier or confirmed telecopy or other electronic transmission (including via email), in each case addressed to a party. All communications to Investor should be sent to Investor's address on the signature page hereto. All communications to the Company should be sent to: LONG ISLAND ICED TEA BLOCKCHAIN CORP. 116 Charlotte Avenue Hicksville, 12-1 Dubon Court Farmingdale, NY 11801 11735 Attention: Philip Thomas Shamyl Malik Telephone: (917) 686-1298 14. 855-452-5222 Email: shamyl.malik@longblockchain.com 15. Oral Evidence. This Subscription Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements between the parties hereto with respect to the subject matter hereof. This Subscription Agreement may not be changed, waived, discharged, or terminated orally, but rather, only by a statement in writing signed by the party or parties against which enforcement or the change, waiver, discharge or termination is sought. View More

Notices. All notices, offers, acceptance and any other acts under this Subscription Agreement (except payment) must be in writing, and is sufficiently given if delivered to the addressees in person, by overnight courier service, facsimile, electronic transmission (including via email) or, if mailed, postage prepaid, by certified mail (return receipt requested), and will be effective three days after being placed in the mail if mailed, or upon receipt or refusal of receipt, if delivered personally or by... courier or confirmed telecopy or other electronic transmission (including via email), in each case addressed to a party. All communications to Investor should be sent to Investor's address on the signature page hereto. All communications to the Company should be sent to: LONG ISLAND ICED TEA CORP. 116 Charlotte Avenue Hicksville, NY 11801 Capitol Investment Corp. IV 1300 17th Street, Suite 820 Arlington, VA 22209 Attention: Philip Thomas Mark D. Ein Telephone: (917) 686-1298 14. (202) 654–7060 Email: mark@venturehousegroup.com 4 13. Oral Evidence. This Subscription Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements between the parties hereto with respect to the subject matter hereof. This Subscription Agreement may not be changed, waived, discharged, or terminated orally, but rather, only by a statement in writing signed by the party or parties against which enforcement or the change, waiver, discharge or termination is sought. View More

Notices. All notices, offers, acceptance and any other acts under this Subscription Agreement (except payment) must be in writing, and is sufficiently given if delivered to the addressees in person, by overnight courier service, facsimile, electronic transmission (including via email) or, if mailed, postage prepaid, by certified mail (return receipt requested), and will be effective three days after being placed in the mail if mailed, or upon receipt or refusal of receipt, if delivered personally or by... courier or confirmed telecopy or other electronic transmission (including via email), in each case addressed to a party. All communications to Investor should be sent to Investor's address on the signature page hereto. All communications to the Company should be sent to: LONG ISLAND ICED TEA CORP. 116 Charlotte Avenue Hicksville, NY 11801 ParkerVision, Inc. 7915 Baymeadows Way, Suite 400 Jacksonville, Florida 32256 Attention: Philip Thomas Telephone: (917) 686-1298 14. Oral Evidence. Cynthia Poehlman, Chief Financial Officer Email: cpoehlman@parkervision.com 12. Entire Agreement. This Subscription Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements between the parties hereto with respect to the subject matter hereof. This Subscription Agreement may not be changed, waived, discharged, or terminated orally, but rather, only by a statement in writing signed by the party or parties against which enforcement or the change, waiver, discharge or termination is sought. View More

Notices. Whenever notice is required to be given under this Waiver, Agreement, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the SPA.

Notices. Whenever notice is required to be given under this Waiver, Fourth Amendment Agreement, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the SPA.

Notices. Whenever notice is required to be given under this Waiver, Amendment, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the SPA. SA.

Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when delivered by hand or when deposited in the United States mail by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: 18 If to Employer: If to Employee: Mednax Services, Inc. David A. Clark 1301 Concord Terrace c/o Mednax Services, Inc. 1301 Concord Terrace Sunrise, FL 33323 1301 Concord Terrace Sunrise, FL 33323 Attention:... General Counsel Sunrise, FL 33323 or to such other addresses as either party hereto may from time to time give notice of to the other in the aforesaid manner. View More

Notices. Any notice or other communication provided for herein or given hereunder to a party hereto must be in writing, and shall be deemed to have been given (a) when personally delivered or delivered by facsimile transmission with confirmation of delivery, (b) one (1) business day after deposit with Federal Express or similar overnight courier service, or (c) three (3) business days after being mailed by first class mail, return receipt requested. A notice shall be addressed to the Company at its... principal executive office, attention Chief Executive Financial Officer and to the Participant at the address that he below his or she most recently provided her name on the signature page hereto (or to such other address with respect to a party as such party notifies the Company. other in writing as above provided). View More

Notices. Any notice or other communication provided for herein or given hereunder to a party hereto must be in writing, and shall be deemed to have been given (a) when personally delivered or delivered by facsimile transmission with confirmation of delivery, (b) one (1) business day after deposit with Federal Express or similar overnight courier service, or (c) three (3) business days after being mailed by first class mail, return receipt requested. A notice shall be addressed to the Company at its... principal executive office, attention Chief Executive Officer Officer, and to the Participant Optionee at the address that he or she most recently provided to the Company. Company, provided that either party may specify a different address by written notice provided in accordance with this Section 21. View More

Notices. Any notice or other communication provided for herein or given hereunder to a party hereto must be in writing, and shall be deemed to have been given (a) when personally delivered or delivered by facsimile transmission with confirmation of delivery, (b) one (1) business day after deposit with Federal Express or similar overnight courier service, or (c) three (3) business days after being mailed by first class mail, return receipt requested. A notice shall be addressed to the Company at its... principal executive office, attention Chief Executive Officer Human Resources Officer, and to the Participant Grantee at the address that he or she most recently provided to the Company. Company, provided that either party may specify a different address by written notice provided in accordance with this Section 22. View More

Notices. Notices hereunder shall be mailed or delivered to the Company at its principal place of business and shall be mailed or delivered to the Grantee at the address on file with the Company or, in either case, at such other address as one party may subsequently furnish to the other party in writing. MONOTYPE IMAGING HOLDINGS INC. By: Name: Title: 3 EX-10.4 EX-10.3 4 d362543dex104.htm EX-10.4 EX-10.4 d941113dex103.htm EX-10.3 EX-10.3 Exhibit 10.4 10.3 RESTRICTED STOCK AWARD AGREEMENT UNDER THE... MONOTYPE IMAGING HOLDINGS INC. THIRD SECOND AMENDED AND RESTATED 2007 STOCK OPTION AND INCENTIVE PLAN Name of Grantee: Name Address of Grantee: Address No. of Shares: # of shares Grant Date: Grant Date Pursuant to the Monotype Imaging Holdings Inc. Third Second Amended and Restated 2007 Stock Option and Incentive Plan (the "Plan") as amended through the date hereof, Monotype Imaging Holdings Inc. (the "Company") hereby grants a Restricted Stock Award (an "Award") to the Grantee named above. Upon acceptance of this Award, the Grantee shall receive the number of shares of Common Stock, par value $0.001 per share (the "Stock") of the Company specified above, subject to the restrictions and conditions set forth herein and in the Plan. The Company acknowledges the receipt from the Grantee of consideration equal to the par value of the Shares in the form of cash, past or future services rendered to the Company by the Grantee or such other form of consideration as is acceptable to the Company. 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: Raymond James & Associates, B. Riley Securities, Inc. 880 Carillon Parkway 7th Floor St. Petersburg, FL 33716 299 Park Avenue New York, NY 10171 Attention: Brad Cole General Counsel Telephone: 727-567-2002 (212) 457-9947 Email: GEIBLegal@raymondjames.com legal@brileyfin.com with a copy to: Clifford Chance US LLP 31 W 52nd Street New York, NY 10019 Attention: Andrew Epstein Robert Matthew Worden Telephone: 212-878-8332 212-878-4970 Email: andrew.epstein@cliffordchance.com matt.worden@cliffordchance.com and if to the Company, the Operating Partnership or the Manager, shall be delivered to: Great Ajax Corp. 13190 SW 68th Parkway, Suite 110 Tigard, OR 97223 Attention: Lauren DeMasi Telephone: 503-444-5014 Email: lauren.demasi@aspencapital.com with a copy to: Mayer Brown LLP 1221 Avenue of the Americas New York, NY 10020 Attention: Anna Pinedo Telephone: 212-506-2275 Email: apinedo@mayerbrown.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, 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) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (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 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 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 days of receipt of the written request for Nonelectronic Notice. 16. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Company, the Operating Partnership, the Manager and the Agent and their respective successors and the affiliates, controlling persons, officers and directors referred to in Section 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. View More

Notices. All demands, approvals, consents or notices (collectively referred to as a "notice") shall be in writing and delivered by hand or sent by registered registered, express, or certified mail mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service, or sent by overnight or same day courier service at the party's respective Notice Address(es) set forth in Section 1. or via email provided one of the other methods is also used. Each notice shall be... deemed to have been received on the earlier to occur of actual delivery or the date on which delivery is refused, or, if Tenant has vacated the Premises or any other Notice Address of Tenant without providing a new Notice Address, 3 days three (3) Business Days after notice is deposited in the U.S. mail or with a courier service in the manner described above. Either party may, at any time, change its Notice Address (other than to a post office box address) by giving the other party written notice of the new address. 16 25. 13 24. Surrender of Premises. At the termination of this Lease or Tenant's right of possession, Tenant shall remove Tenant's Property from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear tear, casualty, condemnation, and damage which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant's Property Property, or to restore the Premises to the required condition, within 5 days five (5) Business Days after termination of this Lease or Tenant's right to possession, Landlord, at Tenant's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant's Property. Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's Property. Tenant shall pay Landlord, upon demand, the reasonable out-of-pocket expenses and storage charges incurred. If Tenant fails to remove Tenant's Property from the Premises or storage, within 30 thirty (30) days after notice, Landlord may deem all or any part of Tenant's Property to be abandoned and and, at Landlord's option, title to Tenant's Property shall vest in Landlord. Landlord or Landlord may dispose of Tenant's Property in any manner Landlord deems appropriate. View More

Notices. All demands, approvals, consents or notices (collectively referred to as a "notice") shall be in writing and delivered by hand or sent by registered or certified mail with return receipt requested requested, or sent by overnight or same day courier service at the party's respective Notice Address(es) set forth in Section 1. or via email provided one of the other methods is also used. Each notice shall be deemed to have been received on the earlier to occur of actual delivery or the date on... which delivery is refused, or, if Tenant has vacated the Premises or any other Notice Address of Tenant without providing a new Notice Address, 3 days after notice is deposited in the U.S. mail or with a courier service in the manner described above. Either party may, at any time, change its Notice Address (other than to a post office box address) by giving the other party written notice of the new address. 16 25. 10 26. Surrender of Premises. At the termination of this Lease or Tenant's right of possession, Tenant shall remove Tenant's Property and any designated Required Removables from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant's Property within 5 2 days after termination of this Lease or Tenant's right to possession, termination, Landlord, at Tenant's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant's Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant's Property from the Premises or storage, storage within 30 days after notice, Landlord may deem all or any part of Tenant's Property to be abandoned and title to Tenant's Property shall vest in Landlord. If Tenant fails to remove any of the designated Required Removables by the Expiration Date or perform related repairs in a timely manner, Landlord may perform such work at Tenant's expense, and Tenant shall be deemed to be in holdover of the Premises pursuant to Section 22 above during the reasonable period of time required for the removal of Tenant's Property. View More

Notices. All demands, approvals, consents or notices (collectively referred to as a "notice") shall be in writing and delivered by hand or sent by registered registered, express, or certified mail mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service, or sent by overnight or same day courier service at the party's respective Notice Address(es) set forth in Section 1 1; provided, however, notices sent by Landlord regarding general building operational... matters may be posted in the building mailroom or the general building newsletter or sent via email e- mail to the e-mail address provided one of by Tenant to Landlord for such purpose. In addition, if the Buildings are closed (whether due to emergency, governmental order or any other methods is also used. reason), then any notice address at the Buildings shall not be deemed a required notice address during such closure, and, unless Tenant has provided an alternative valid notice address to Landlord for use during such closure, any notices sent during such closure may be sent via e-mail or in any other practical manner reasonably designed to ensure receipt by the intended recipient. Each notice shall be deemed to have been received on the earlier to occur of actual delivery or the date on which delivery is refused, or, if Tenant has vacated the Premises or any other Notice Address of Tenant without providing a new Notice Address, 3 days after notice is deposited in the U.S. mail or with a courier service in the manner described above. Either party may, at any time, change its Notice Address (other than to a post office box address) by giving the other party written notice of the new address. 16 -22- 25. Surrender of Premises. At the termination of this Lease or Tenant's right of possession, Tenant shall remove Tenant's Property from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and tear, damage which Landlord is obligated to repair hereunder and damage due to Casualty (subject to the terms of Section 16) excepted. If Tenant fails to remove any of Tenant's Property Property, or to restore the Premises to the required condition, within 5 days 2 Business Days after termination of this Lease or Tenant's right to possession, Landlord, at Tenant's sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant's Property. Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant's Property from the Premises or storage, within 30 days after notice, Landlord may deem all or any part of Tenant's Property to be abandoned and and, at Landlord's option, title to Tenant's Property shall vest in Landlord. Landlord or Landlord may dispose of Tenant's Property in any manner Landlord deems appropriate. View More

Notices. Any notice, instruction, authorization, request or demand required hereunder shall be in writing, and shall be delivered either by personal delivery, by telegram, telex, telecopy or similar facsimile means, by certified or registered mail, return receipt requested, by facsimile transmission or by courier or delivery service, addressed to the Company at the then current address of the Company's Principal Corporate Office, 450 Gears Road, Suite 500, Houston, Texas 77067, Attention: Chief... Financial Officer, facsimile number (281) 765-7175, and to the Executive Recipient at the Executive's residential Recipient's address and facsimile number (if applicable) indicated beneath the Executive's Recipient's signature on the execution page of this Agreement, or at such other address and facsimile number as a party shall have previously designated by written notice given to the other party in the manner hereinabove set forth. Notices shall be deemed given when received, if sent by facsimile means (confirmation of such receipt by confirmed facsimile transmission being deemed receipt of communications sent by facsimile means); and when delivered (or upon the date of attempted delivery where delivery is refused), if hand-delivered, sent by express courier or delivery service, or sent by certified or registered mail, return receipt requested. 9 14. 7 13. Amendment and Waiver. Except as otherwise provided herein or in the Plan or as necessary to implement the provisions Section 12.1 of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed by the Company and the Executive. Recipient. Only a written instrument executed and delivered by the party waiving compliance hereof shall make any waiver of the terms or conditions. conditions effective. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than the Executive. Company. The failure of any party at any time or times to require performance of any provisions hereof shall in no manner effect affect the right to enforce the same. No waiver by any party of any term or condition, or the of any breach of any term or condition condition, contained in this Agreement, in one or more instances, shall be construed as a continuing waiver of any such condition or breach, a waiver of any other term or condition, or the a waiver of any breach of any other term or condition. View More

Notices. Any notice, instruction, authorization, request request, demand or demand other communications required hereunder shall be in writing, and shall be delivered either by personal delivery, by telegram, telex, telecopy or similar facsimile means, by certified or registered mail, return receipt requested, or by courier or delivery service, addressed to the Company at the then current Company's principal business office address to the attention of the Company's Principal Corporate Office, Vice... President, Tax and to the Executive Participant at the Executive's Participant's residential address indicated beneath the Executive's signature as it appears on the execution page books and records of this Agreement, the Company, or at such other address and number as a party shall have previously designated by written notice given to the other party in the manner hereinabove set forth. Notices shall be deemed given when received, if sent by facsimile means (confirmation of such receipt by confirmed facsimile transmission being deemed receipt of communications sent by facsimile means); and when delivered (or upon the date of attempted delivery where delivery is refused), if hand-delivered, sent by express courier or delivery service, or sent by certified or registered mail, return receipt requested. 9 14. 5 16. Amendment and Waiver. Except as otherwise provided herein or in the Plan Plan, or as necessary to implement the provisions of the Plan, this Agreement may be amended, modified or superseded only by written instrument executed executed, or an electronic agreement agreed to, by the Company and the Executive. Participant. Only a written instrument executed and delivered by by, or an electronic agreement agreed to by, the party waiving compliance hereof shall make waive any waiver of the terms or conditions. conditions of this Agreement. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive director or officer of the Company other than the Executive. Participant. The failure of any party at any time or times to require performance of any provisions hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement, in one or more instances, shall be construed as a continuing waiver of any such condition or breach, a waiver of any other condition, or the breach of any other term or of condition. View More

Notices. Any notice, instruction, authorization, request or demand required hereunder shall be in writing, and shall be delivered either by personal delivery, by telegram, telex, telecopy or similar facsimile means, by certified or registered mail, return receipt requested, or by courier or delivery service, addressed to the Company at the then current address of the Company's Principal Corporate Office, and to the Executive Employee at the Executive's residential Employee's address indicated beneath... the Executive's Employee's signature on the execution page of this Agreement, or at such other address and number as a party shall have previously designated by written notice given to the other party in the manner hereinabove set forth. Notices shall be deemed given when received, if sent by facsimile means (confirmation of such receipt by confirmed facsimile transmission being deemed receipt of communications sent by facsimile means); and when delivered (or upon the date of attempted delivery where delivery is refused), if hand-delivered, sent by express courier or delivery service, or sent by certified or registered mail, return receipt requested. 9 14. 4 8. Amendment and Waiver. Except as otherwise provided herein or in the Plan or as necessary to implement the provisions of the Plan, this This Agreement may be amended, modified or superseded only by written instrument executed by the Company and the Executive. Employee. Only a written instrument executed and delivered by the party waiving compliance hereof shall make any waiver of the terms or conditions. Any waiver granted by the Company shall be effective only if executed and delivered by a duly authorized executive officer of the Company other than the Executive. Employee. The failure of any party at any time or times to require performance of any provisions hereof shall in no manner effect the right to enforce the same. No waiver by any party of any term or condition, or the breach of any term or condition contained in this Agreement, in one or more instances, shall be construed as a continuing waiver of any such condition or breach, a waiver of any other condition, or the breach of any other term or condition. View More

Notices. Except with respect to notices for Placements or purchases pursuant to a Terms Agreement (each as set forth in Sections 3(a)(i) and 3(b) hereof), all communications hereunder will be in writing and effective only on receipt, and, if sent to the Agent, will be mailed, delivered or telefaxed to Credit Suisse Securities (USA) LLC, One J.P. Morgan, 383 Madison Avenue, 7th Floor, New York, NY 10010, 10179, facsimile: 646-441-4870 and 646-441-4701, Attention: LCD-IBD, Brett Chalmers and Adam... Rosenbluth, or, if sent to the Company or the Operating Partnership shall be directed to them at 2450 Broadway, 6th Floor, Santa Monica, California 90404, facsimile: 310-407-7416 and 646-441-4701, 310-407-7416, Attention: Ronald M. Sanders. 11. Successors. This Agreement will inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers, directors, employees, agents and controlling persons referred to in Section 7 hereof, and no other person will have any right or obligation hereunder. No purchaser of Shares from the Agent or any Alternative Agent shall be deemed to be a successor by reason of such purchase. View More