HIW » Topics » Notices

This excerpt taken from the HIW 8-K filed Jun 1, 2009.
Notices. All communications hereunder shall be in writing and effective only upon receipt and if to the Underwriters shall be delivered, mailed or sent to you at the address set forth in Schedule I hereto; and if to the Company or the Operating Partnership shall be delivered, mailed or sent to the address set forth in Schedule I hereto.

 

 

Very truly yours,

Highwoods Properties, Inc.

 

By:

/s/ Terry L. Stevens

 

 

Name:

Terry L. Stevens

 

 

Title:

Senior Vice President and Chief Financial Officer

 

 

Very truly yours,

Highwoods Realty Limited Partnership

By:       Highwoods Properties, Inc., its general partner

 

By:

/s/ Terry L. Stevens

 

 

Name:

Terry L. Stevens

 

 

Title:

Senior Vice President and Chief Financial Officer

 

 

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Accepted as of the date hereof

Merrill Lynch & Co.

Merrill Lynch, Pierce, Fenner & Smith Incorporated

Wachovia Capital Markets, LLC

Morgan Stanley & Co. Incorporated

 

Acting severally on behalf of themselves and the several Underwriters named in Schedule II hereto.

 

By:

Merrill Lynch & Co.

Merrill Lynch, Pierce, Fenner & Smith Incorporated

 

By:

/s/ Peter Chapman

 

 

Name:

Peter Chapman

 

 

Title:

Managing Director

 

 

 

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This excerpt taken from the HIW 8-K filed May 16, 2008.

NOTICES

Section 10.01. Notice. Whenever notice is required or permitted by these Bylaws to be given to any person, it may be either (a) oral and communicated in person, by telephone, or by radio, television, or other form of voice communication, effective upon receipt by the person, (b) in writing and communicated by being delivered by hand, by mail, or by telegraph, teletype, or other form of record communication, effective upon receipt by the person or, if earlier, upon delivery at his address as registered in the records of the Corporation for purposes of notice-giving (“notice address”), or (c) transmitted by an electronic transmission to any address or number at which the person receives electronic transmissions, effective upon transmission of the message to the address given to the Corporation by the person or upon completion of the transmission of the message to the number given to the Corporation by the person and receipt of a completed answer-back indicating receipt; provided that (1) notice of a meeting of the stockholders shall comply with Section 3.04, and (2) a written notice, if mailed postpaid and correctly addressed to a person at his notice address, shall be effective three business days after its deposit by the sender in the United States mail.

Section 10.02. Waiver. Whenever any notice is required to be given under the provisions of law or of the Charter or of these Bylaws, a waiver thereof in writing, signed by the person or persons entitled to the notice, whether before or after the time stated therein, shall be deemed equivalent thereto. Attendance at a meeting for which notice is required shall be deemed waiver of such notice unless such attendance is for the purpose of objecting, at the beginning of the meeting, to the transaction of business on the ground that the meeting is not lawfully called or convened.

This excerpt taken from the HIW 8-K filed Aug 11, 2006.

6.03 Notices.

Promptly notify the Administrative Agent and each Lender:

(a) of the occurrence of any Default;

(b) of any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect, including (i) breach or non-performance of, or any default under, a Contractual Obligation of any Borrower or any Subsidiary of any of them; (ii) any dispute, litigation, investigation, proceeding or suspension between any Borrower or any Subsidiary of any of them and any Governmental Authority; or (iii) the commencement of, or any material development in, any litigation or proceeding affecting any Borrower or any Subsidiary of any of them, including pursuant to any applicable Environmental Laws;

 

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(c) of the occurrence of any ERISA Event;

(d) of any material change in accounting policies or financial reporting practices by any Borrower or any Subsidiary of any of them;

(e) of the occurrence of any Internal Control Event; and

(f) of any announcement by Moody’s or S&P of any change or possible change in a Debt Rating.

Each notice pursuant to this Section shall be accompanied by a statement of a Responsible Officer of the Principal Borrower setting forth details of the occurrence referred to therein and stating what action the Borrowers have taken and propose to take with respect thereto. Each notice pursuant to Section 6.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.

This excerpt taken from the HIW 8-K filed May 4, 2006.

6.03 Notices.

Promptly notify the Administrative Agent and each Lender:

(a) of the occurrence of any Default;

(b) of any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect, including (i) breach or non-performance of, or any default under, a Contractual Obligation of any Borrower or any Subsidiary of any of them; (ii) any dispute, litigation, investigation, proceeding or suspension between any Borrower or any Subsidiary of any of them and any Governmental Authority; or (iii) the commencement of, or any material development in, any litigation or proceeding affecting any Borrower or any Subsidiary of any of them, including pursuant to any applicable Environmental Laws;

(c) of the occurrence of any ERISA Event;

(d) of any material change in accounting policies or financial reporting practices by any Borrower or any Subsidiary of any of them;

(e) of the occurrence of any Internal Control Event; and

(f) of any announcement by Moody’s or S&P of any change or possible change in a Debt Rating.

 

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Each notice pursuant to this Section shall be accompanied by a statement of a Responsible Officer of the Principal Borrower setting forth details of the occurrence referred to therein and stating what action the Borrowers have taken and propose to take with respect thereto. Each notice pursuant to Section 6.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.

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