ACAS » Topics » Section 11.04 Notices.

These excerpts taken from the ACAS 10-Q filed Aug 9, 2007.

Section 8.03. Notices.

All notices, demands, certificates, requests and communications hereunder (“notices”) shall be in writing and shall be effective (a) upon receipt when sent through the U.S. mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, or (b) one Business Day after delivery to an overnight courier, or (c) on the date personally delivered to an Authorized Officer of the party to which sent, or (d) on the date transmitted by legible telecopier transmission with a confirmation of receipt, in all cases addressed to the recipient as follows:

 

  (i)    If to the Originator:
    

American Capital Strategies, Ltd.

2 Bethesda Metro Center 14th Floor

Bethesda, Maryland 20814

Attention: Debt Capital Markets Facsimile No.: (301) 654-6714

email: Dieter.Hase@americancapital.com and

ACAS-Legal-CapMKTS@americancapital.com

  (ii)    If to the Trust Depositor:
    

ACAS Business Loan LLC, 2007-1

2 Bethesda Metro Center

14th Floor

Bethesda, Maryland 20814

Attention: Compliance Officer

Facsimile No.: (301) 654-6714

 

26


  (iii)    If to S&P:
    

Standard & Poor’s Ratings Services,

a division of The McGraw-Hill Companies, Inc.

55 Water Street

42nd Floor

New York, New York 10041

Attention: Surveillance: CDO Surveillance

Facsimile No.: (212) 438-2662

  with an electronic copy to:
    

cdo_surveillance@sandp.com (all Quarterly Reports and notices of payment defaults)

clo_loans@standardandpoors.com (all notices of payment defaults)

  (iv)    If to Moody’s:
    

Moody’s Investors Service, Inc.

99 Church Street

New York, New York 10007

Attention: CDO Monitoring Department

Facsimile No.: (212) 553-3707

email: cdomonitoring@moodys.com

  (v)    If to Fitch:
    

Fitch, Inc.

One State Street Plaza

New York, New York 10004

Attention: CDO Surveillance

Facsimile No.: (212) 514-6501

email: cdo.surveillance@fitchratings.com

  (vi)    If to the Initial Purchasers:
    

c/o Citigroup Global Markets Inc.

390 Greenwich Street, 6th Floor

New York, New York 10013

Attention: Asset Backed Finance – Ref: ACAS

Facsimile No.:(212) 723-8591

  (vii)    If to a Swap Counterparty:
     At the address set forth for such party in the applicable Swap.

 

27


Each party hereto may, by notice given in accordance herewith to each of the other parties hereto, designate any further or different address to which subsequent notices shall be sent.

Section 11.04 Notices.

All notices, demands, certificates, requests and communications hereunder (“Notices”) shall be in writing and shall be effective (a) upon receipt when sent through the U.S. mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, (b) one Business Day after delivery to an overnight courier, (c) on the date personally delivered to an authorized officer of the party to which sent, or (d) on the date transmitted by legible telecopier transmission with a confirmation of receipt, in all cases addressed to the recipient as follows:

 

  (i) if to the Servicer or any Seller:

American Capital Strategies, Ltd.

2 Bethesda Metro Center, 14th Floor

Bethesda, Maryland 20814

Attention:    Debt Capital Markets
Facsimile No.:    (301) 654-6714

 

  (ii) if to the Trust Depositor:

ACAS Business Loan LLC, 2007-1

2 Bethesda Metro Center, 14th Floor

Bethesda, Maryland 20814

Attention:    Compliance Officer
Facsimile No.:    (301) 654-6714

 

  (iii) if to the Indenture Trustee:

Wells Fargo Bank, National Association

Sixth Street and Marquette Avenue

MAC N9311-161

Minneapolis, Minnesota 55479

Attention:   

Corporate Trust Services/Asset Backed

Administration

Facsimile No.:    (612) 667-3464

 

32


  (iv) if to the Owner Trustee:

Wilmington Trust Company

1100 North Market Street

Wilmington, Delaware 19890

Attention:    Corporate Trust Administration, Structured Finance
Facsimile No.:    (302) 636-4140

 

  (v) if to S&P:

Standard & Poor’s Inc.

55 Water Street, 42nd Floor

New York, New York 10041

Attention:    Surveillance: CDO Surveillance
Facsimile No.:    (212) 438-2662

email: cdo_surveillance@sandp.com

 

  (vi) if to Moody’s:

Moody’s Investors Service, Inc.

99 Church Street

New York, New York 10007

Attention:    CDO Monitoring Department
Facsimile No.:    (212) 553-3707

email: cdomonitoring@moodys. com

 

  (vii) if to Fitch:

Fitch, Inc.

One State Street Plaza

New York, New York 10004

Attention:    CDO Surveillance
Facsimile No.:    (212) 514-6501

email: cdo.surveillance@fitchratings.com

 

  (viii) if to the Initial Purchasers:

c/o Citigroup Global Markets Inc.

390 Greenwich Street, 6th Floor

New York, New York 10013

Attention:    Asset Backed Finance – Ref: ACAS
Facsimile No.:    (212) 723-8591

 

  (ix) if to the Swap Counterparties:

At the address set forth for such party in the applicable Swap.

Each party hereto may, by notice given in accordance herewith to each of the other parties hereto, designate any further or different address to which subsequent notices shall be sent.

 

33


Section 11.04 Notices.

All notices, demands, certificates, requests and communications hereunder (“notices”) shall be in writing and shall be effective (a) upon receipt when sent through the U.S. mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, or (b) one (1) Business Day after delivery to an overnight courier, or (c) on the date personally delivered to, with respect to the Indenture Trustee, a Responsible Officer or an Authorized Officer of any other party to which sent, or (d) on the date transmitted by legible telecopier transmission with a confirmation of receipt, in all cases addressed to the recipient at the address specified in the Transfer and Servicing Agreement for such recipient.

Each party hereto may, by notice given in accordance herewith to each of the other parties hereto, designate any further or different address to which subsequent notices shall be sent.

Any notices and financial statements delivered by the Issuer to the Indenture Trustee pursuant to the terms hereof shall also be delivered by the Issuer to the Swap Counterparty.

 

- 78 -


Section 9.08 Notices

(a) Promptly upon Servicer becoming aware thereof, the Servicer shall furnish to the Indenture Trustee and each Swap Counterparty notice of the occurrence of any Event of Default or Servicer Default or of any situation which the Servicer reasonably expects to develop into an Event of Default or Servicer Default.

These excerpts taken from the ACAS 10-Q filed Nov 9, 2006.

Section 11.04 Notices.

All notices, demands, certificates, requests and communications hereunder (“notices”) shall be in writing and shall be effective (a) upon receipt when sent through the U.S. mails, registered or certified mail, return receipt requested, postage prepaid, with such receipt to be effective the date of delivery indicated on the return receipt, or (b) one (1) Business Day after delivery to an overnight courier, or (c) on the date personally delivered to, with respect to the Indenture Trustee, a Responsible Officer or an Authorized Officer of any other party to which sent, or (d) on the date transmitted by legible telecopier transmission with a confirmation of receipt, in all cases addressed to the recipient at the address specified in the Transfer and Servicing Agreement for such recipient.

Each party hereto may, by notice given in accordance herewith to each of the other parties hereto, designate any further or different address to which subsequent notices shall be sent.

Any notices and financial statements delivered by the Issuer to the Indenture Trustee pursuant to the terms hereof shall also be delivered by the Issuer to the Swap Counterparty.

Section 9.08 Notices

(a) The Servicer shall furnish to the Indenture Trustee and each Swap Counterparty (i) promptly, copies of any material and adverse notices (including, without limitation, notices of defaults, breaches, potential defaults or potential breaches) given to or received from its other lenders and (ii) immediately, notice of the occurrence of any Event of Default or Servicer Default or of any situation which the Servicer reasonably expects to develop into an Event of Default or Servicer Default.

(b) The Servicer also agrees to make available on a reasonable basis to any Noteholder or Swap Counterparty a knowledgeable financial or accounting officer for the purpose of answering reasonable questions respecting recent developments affecting the Servicer

 

- 116 -


or the financial statements of the Servicer and to permit any Noteholder or Swap Counterparty, at such Holder’s or Swap Counterparty’s sole cost and expense, upon reasonable advance notice and subject to reasonable confidentiality restrictions, to inspect the Servicer’s servicing facilities during normal business hours and in a manner that does not unreasonably interfere with the Servicer’s normal operations or customer or employee relations for the purpose of satisfying such Holder or Swap Counterparty that the Servicer has the ability to service the Loans in accordance with this Agreement.

Wikinvest © 2006, 2007, 2008, 2009, 2010, 2011, 2012. Use of this site is subject to express Terms of Service, Privacy Policy, and Disclaimer. By continuing past this page, you agree to abide by these terms. Any information provided by Wikinvest, including but not limited to company data, competitors, business analysis, market share, sales revenues and other operating metrics, earnings call analysis, conference call transcripts, industry information, or price targets should not be construed as research, trading tips or recommendations, or investment advice and is provided with no warrants as to its accuracy. Stock market data, including US and International equity symbols, stock quotes, share prices, earnings ratios, and other fundamental data is provided by data partners. Stock market quotes delayed at least 15 minutes for NASDAQ, 20 mins for NYSE and AMEX. Market data by Xignite. See data providers for more details. Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by Wikinvest.
Powered by MediaWiki