LUX » Topics » 32.3. Delivery

This excerpt taken from the LUX 20-F filed Jun 28, 2006.

32.3.                        Delivery

(a)                                  Any communication or document made or delivered by one person to another under or in connection with the Finance Documents will only be effective:

(i)                                     if by way of fax, when received in legible form; or
(ii)                                  if by way of letter, when it has been left at the relevant address or five Business Days after being deposited in the post postage prepaid in an envelope addressed to it at that address, and, if a particular department or officer is specified as part of its address details provided under Clause 32.2 (Addresses), if addressed to that department or officer.

(b)                                 Any communication or document to be made or delivered to the Agent will be effective only when actually received by the Agent and then only if it is expressly marked for the attention of the department or officer identified with the Agent’s signature below (or any substitute department or officer as the Agent shall specify for this purpose).

(c)                                  All notices from or to an Obligor shall be sent through the Agent.

(d)                                 Each Obligor (other than the Italian Borrower) irrevocably appoints the Italian Borrower to act as its agent:

(i)                                     to give and receive all communications under this Agreement;
(ii)                                  to supply all information concerning itself to any Finance Party; and
(iii)                               to sign all documents under or in connection with the Finance Documents.

(e)                                  Any communication or document made or delivered to the Italian Borrower in accordance with this Clause will be deemed to have been made or delivered to each of the Obligors.

32.4.                       

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