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This excerpt taken from the XEC 8-K filed Sep 20, 2007. Section
1. Notices. Whenever
written notice is required by law, the Certificate of Incorporation or these
By-Laws, to be given to any director, member of a committee or stockholder,
such notice may be given by mail, addressed to such director, member of a
committee or stockholder, at such person’s address as it appears on the records
of the Corporation, with postage thereon prepaid, and such notice shall be
deemed to be given at the time when the same shall be deposited in the United States mail. Written notice may also be given personally or by telegram, facsimile, telex or cable. This excerpt taken from the XEC 8-K filed Jan 4, 2006. Notices.
Any notice required or permitted to be given under this Agreement shall
be in writing and shall be given by first class registered or certified mail,
postage prepaid, or by personal delivery to the appropriate party, addressed:
(i) If to Cimarex: Cimarex Energy Co., Attention: Corporate Secretary, 1700 Lincoln Street, Suite 1800, Denver, Colorado 80203, or at such other address as may have been furnished to the Grantee in writing by the Company; or
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(ii) If to you: c/o Cimarex Energy Co., 1700 Lincoln Street, Suite 1800, Denver, Colorado 80203, or at other address as may have been furnished to the Company by you.
Any such notice shall be deemed to have been given as of the second day after deposit in the United States mails, postage prepaid, properly addressed as set forth above, in the case of mailed notice, or as of the date delivered in the case of personal delivery.
(b) This excerpt taken from the XEC 10-Q filed Aug 9, 2005. Notices. All notices, requests and other
communications to any party hereunder shall be given or made by telecopier or
other writing and telecopied, or mailed or delivered to the intended recipient
at its address or telecopier number set forth on the signature pages hereof
or such other address or telecopy number as such party may hereafter specify
for such purpose by notice to the Administrative Agent in accordance with the
provisions of Article XVI of the Credit Agreement. Except as otherwise provided in this
Guaranty, all such communications shall be deemed to have been duly given when
transmitted by telecopier, or personally delivered or, in the case of a mailed
notice sent by certified mail return-receipt requested, on the date set forth
on the receipt (provided, that any refusal to accept any such notice shall be
deemed to be notice thereof as of the time of any such refusal), in each case
given or addressed as aforesaid.
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