Notices Contract Clauses (104,236)

Notices. For purposes of this Agreement, notices and all other communications provided for in the this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, mailed by United States certified mail, return receipt requested, postage prepaid, or sent by prepaid express mail, addressed as follows: If to ZS Pharma: ZS Pharma, Inc. 508 Wrangler Drive Suite 100 Coppell, Texas 75019 Attn. : Corporate Secretary If to Employee: To the address set forth on the last... page of this Agreement. Mark Asbury 1320 Cortez Avenue Burlingame, California 94010 Either party may change the address to which notices are to be sent by written notice to the other party. Notice of change in notice address shall be effective only upon receipt by the other party. 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, c/o BofA Securities, Inc., One Bryant Park, New York, New York 10036, Attention: Syndicate Department, with a copy to ECM Legal, and c/of Piper Jaffray Sandler & Co., 800 Nicollet Mall, Minneapolis, Minnesota 55402, Attention: Equity Capital Markets and separately, General Counsel (LegalCapMarkets@pjc.com), (LegalCapMarkets@psc.com),... or, if sent to the Company, will be mailed, delivered or telegraphed and confirmed to it at 360-1616 Eastlake Avenue East, Seattle, Washington 98102, Attention: Chief Executive Officer; provided, however, that any notice to an Underwriter pursuant to Section 8 will be mailed, delivered or telegraphed and confirmed to such Underwriter. 25 13. Successors. This Agreement will inure to the benefit of and be binding upon the parties hereto and their respective successors and the officers and directors and controlling persons referred to in Section 8, and no other person will have any right or obligation hereunder. 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, FBR, shall be delivered to: B. Riley FBR, Inc. 299 Park Avenue, 7th Floor New York, NY 10171 FBR Capital Markets & Co. 1300 North 17th Street Suite 1400 Arlington, Virginia 22209 Attention: General Counsel Legal Department Telephone: (212) 457-9947 (703) 312-9500 Email: ... class="diff-color-red">atmdesk@brileyfbr.com atmdesk@fbr.com 30 with a copy to: Duane Morris LLP 1540 Broadway One Riverfront Plaza 1037 Raymond Boulevard, Suite 1800 Newark, New York, NY 10036 Jersey 07102-5429 Attention: James T. Seery Telephone: (973) 424-2088 Email: jtseery@duanemorris.com and if to the Company, shall be delivered to: Plug Power Inc. 968 Albany Shaker Road Latham, New York 12110 Attention: Gerard L. Conway, Jr. Telephone: (518) 738-0970 Email: gconway@plugpower.com with a copy to: Goodwin Procter LLP 100 Northern Avenue Boston, Massachusetts 02210 Attention: Robert P. Whalen, Jr. Telephone: (617) 570-1394 Email: rwhalen@goodwinlaw.com 30 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 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. View More

Found in PLUG POWER INC contract

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, will 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 may be delivered by hand, facsimile transmission or overnight courier, in which event the notice shall be deemed effective when delivered or... transmitted. All notices and other communications under this Agreement shall be given to the parties at the following addresses: 9 10 If to Employer: Midstate Community Bank 6810 York Road Baltimore, MD Maryland 21212 With copy to: Frank C. Bonaventure OBER | KALER 100 Light Street Baltimore, Maryland 21202 If to Employee: Nancy L. Gerling 604 Valley View Road Baltimore, Paul A. Lovelace 24 Evans Avenue Timonium, Maryland 21286 21093 13. ASSIGNMENT. Neither party to this Agreement may assign or delegate any of its rights and obligations under this Agreement without the written consent of the other party. View More

Notices. Correspondence regarding the Securities should be directed to Subscriber at the address provided by Subscriber to the Company in writing. Subscriber is a bona fide resident of the state of California 7. New Jersey.8. No Assignment or Revocation; Binding Effect. Neither this Agreement, nor any interest herein, shall be assignable or otherwise transferable, restricted or limited by Subscriber without prior written consent of the Company. Subscriber hereby acknowledges and agrees that Subscriber... is not entitled to cancel, terminate, modify or revoke this Agreement in any way and that the Agreement shall survive the death, incapacity or bankruptcy of Subscriber. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, legal representatives, successors and assigns. assigns.9. Indemnification. The Company agrees to indemnify and hold harmless the Subscriber and each current and future officer, director, employee, agent, representative and shareholder, if any, of the Subscriber from and against any and all costs, loss, damage or liability associated with this Agreement and the issuance and voting of the Securities.10. Modifications. This Agreement may not be changed, modified, released, discharged, abandoned or otherwise amended, in whole or in part, except by an instrument in writing, signed by the Subscriber and the Company. No delay or failure of the Company in exercising any right under this Agreement will be deemed to constitute a waiver of such right or of any other rights. View More

Notices. Unless otherwise provided in this Agreement, all notices or demands by any party relating to this Agreement or any other agreement entered into in connection herewith shall be in writing and (except for financial statements and other informational documents which may be sent by first-class mail, postage prepaid) shall be personally delivered or sent by a recognized overnight delivery service, certified mail, postage prepaid, return receipt requested, or by email or telefacsimile to Borrower Borrowers or to Bank, as the case may be, at its addresses set forth below: If to any Borrower: BRIDGELINE DIGITAL, c/o TRUE DRINKS HOLDINGS, INC. 80 Blanchard Road Burlington, MA 01803 18552 MacArthur Blvd, Suite 325 Irvine, CA 92612 Attn: Michael Prinn – CFO Dan Kerker FAX: (781) 376-5033Email: mprinn@bridgeline.com 949-825-5995 If to Bank: HERITAGE BANK OF COMMERCE 150 South Almaden Blvd. San Jose, California 95113 AVIDBANK 400 Emerson Street Palo Alto, CA 94301 Attn: Karla Schrader Jon Comeau FAX: (408) 947-6910 650-323-6527 Email: Karla.Schrader@herbank.com Jcomeau@avidbank.com and FAX: (650) 289-0124 Email: corpfinance@avidbank.com The parties hereto may change the address at which they are to receive notices hereunder, by notice in writing in the foregoing manner given to the other. 20 -21- 11. CHOICE OF LAW AND VENUE; JURY TRIAL WAIVER. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of California, without regard to principles of conflicts of law. Each of Borrower and Bank hereby submits to the exclusive jurisdiction of the state and Federal courts located in the County of Santa Clara, State of California. BORROWER BORROWERS AND BANK EACH HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF ANY OF THE LOAN DOCUMENTS OR ANY OF THE TRANSACTIONS CONTEMPLATED THEREIN, INCLUDING CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW OR STATUTORY CLAIMS. EACH PARTY RECOGNIZES AND AGREES THAT THE FOREGOING WAIVER CONSTITUTES A MATERIAL INDUCEMENT FOR IT TO ENTER INTO THIS AGREEMENT. EACH PARTY REPRESENTS AND WARRANTS THAT IT HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. If the jury waiver set forth in this Section is not enforceable, then any dispute, controversy or claim arising out of or relating to this Agreement, the Loan Documents or any of the transactions contemplated therein shall be settled by judicial reference pursuant to Code of Civil Procedure Section 638 et seq. before a referee sitting without a jury, such referee to be mutually acceptable to the parties or, if no agreement is reached, by a referee appointed by the Presiding Judge of the California Superior Court for Santa Clara County. This Section shall not restrict a party from exercising remedies under the Code or from exercising pre-judgment remedies under applicable law. View More

Notices. All communications hereunder, except as may be otherwise specifically provided herein, shall be in writing, and: (a) if sent to any Agent, Underwriter, shall be delivered, or faxed and confirmed in writing, to such Agent Underwriter c/o Haywood Securities Inc., Suite 700 - 200 Burrard Street, Waterfront Centre, Vancouver, British Columbia, Canada, V6C 3L6, Attention: Kevin Campbell and Cantor Fitzgerald Canada Corporation, Suite 1500, 181 University Avenue, Toronto, Ontario, Canada, M5H 3M7,... Attention: Graham Moylan, Campbell, with a copy to Troutman Sanders LLP at 401 9th Street, N.W., Suite 1000, Washington, DC, 20004-2134, U.S.A., Attention: Thomas M. Rose, Esq. and to Miller Thomson LLP, 1000-840 Howe Street, Vancouver, British Columbia, V6Z 2M1, Attention: Peter J. McArthur, Esq. ; (b) if sent to the Company, shall be delivered, or faxed and confirmed in writing to the Company and its Canadian and U.S. counsel at the addresses set forth in the Registration Statement; provided, however, that any notice to an Agent Underwriter pursuant to Section 6 shall be delivered or sent by facsimile transmission to such Agent Underwriter at its address set forth in its acceptance facsimile to the Lead Agents, Manager, which address will be supplied to any other party hereto by the Lead Agents Manager upon request. Any such notices and other communications shall take effect at the time of receipt thereof. View More

Notices. All notices, requests and other communications under this Agreement will must be in writing (including email, facsimile or similar writing and express mail or courier delivery or in person delivery, but excluding ordinary mail delivery) and will be given to the address stated below: (a) if to the Employee, by email or to the address or facsimile number that is on file with the Company from time to time, as may be updated by the Employee; -6- (b) if to the Company: Company, to: Sohu.com Inc.... Level 15, Sohu.com Internet 18, SOHU.com Media Plaza Block 3, No. 1 Unit Zhongguancun East 2 Kexueyuan South Road, Haidian District Beijing 100084 100190 People's Republic of China Attention: Charles Zhang Chairman and Chief Executive Officer fax: Fax: (86-10) 6270-2155 5641-2892 with a copy to: Goulston & Storrs 400 Atlantic Avenue Boston, MA 02110 Attention: Timothy B. Bancroft fax: Fax: (617) 574-4112 or to such other address or facsimile number as either party may hereafter specify for the purpose by written notice to the other party in the manner provided in this Section 10. All such notices, requests and other communications will be deemed received: (i) if given by facsimile transmission, when transmitted to the facsimile number specified in this Section 10 if confirmation of receipt is received; (ii) if given by express mail or courier delivery , when delivered; and (iii) if given in person, when delivered. View More

Notices. All notices or demands by any party relating to this Guaranty Agreement shall be given as set forth in the Loan Agreement. Agreement and to the address set forth herein as to the Guarantors.

Notices. (a) For purposes of this Agreement, all notices and other communications required or permitted hereunder must be in writing and will be deemed to have been duly given: (a) when delivered personally to the recipient; (b) two business days after being sent to the recipient by reputable international overnight courier service (charges prepaid); or (c) on the date sent by facsimile transmission or electronic mail if sent during normal business hours of the recipient, and on the next business day if... sent after normal business hours of the recipient, addressed: (i) if to the Executive, to the home address of the Executive on the most current 6 Company records; (ii) if to the Company, to RTI Surgical, Inc., 520 Lake Cook Road, Suite 315, Deerfield, Illinois 60015; or (iii) to any other address that either party may have furnished to the other in writing in accordance with the notice requirements of this Section 12 13 (provided that such notice has been received by the other party). (b) A written notice of the Executive's Termination Date by the Company or the Executive to the other must (i) indicate the specific provision in this Agreement applicable to such termination; (ii) to the extent applicable, set forth in reasonable detail the facts and circumstances claimed to provide a basis for the application of such provision to the termination of the Executive's employment; and (iii) specify the Termination Date. The failure by the Executive or the Company to set forth in such notice any fact or circumstance that contributes to a showing of Good Reason or Cause will not waive any right of the Executive or the Company hereunder or preclude the Executive or the Company from asserting such fact or circumstance in enforcing the Executive's or the Company's rights hereunder. 7 14. Mitigation and Offset; Attorneys' Fees and Expenses. (a) The Company's obligation to make any payments provided in this Agreement and otherwise to perform its obligations hereunder will not be affected by any set-off, counterclaim, recoupment, defense, or other claim, right, or action that the Company may have against the Executive or others, except as provided in Section 44 or Section 15. In no event will the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under this Agreement, except as provided in Section 44, and such amounts will not be reduced whether or not the Executive obtains other employment, (b) The Company and the Executive shall each bear their own attorney's fees and expenses incurred in connection with any claim or dispute between them relating to or arising out of this Agreement. View More