This excerpt taken from the MLP 8-K filed Jul 20, 2006.
Any notice, demand, request or other communication
which any party hereto may be required or may desire to give hereunder shall be
in writing and shall be deemed to have been properly given (a) if hand
delivered, when delivered, (b) if mailed by United States Certified Mail
(postage prepaid, return receipt requested), three Business Days after mailing
(c) if by Federal Express or other reliable overnight courier service, on the
next Business Day after delivered to such courier service or (d) if by
telecopier on the day of transmission so long as copy is sent on the same day
by overnight courier as set forth below:
If to Borrower:
Kapalua Bay, LLC
c/o Maui Land & Pineapple Company, Inc.
120 Kane Street
Kapalua, Maui, Hawaii 69732
Attention: Ryan Churchill
Telecopy: (808) 669-5454
With a copy to:
Teel, Palmer & Roeper, LLP
ICW Plaza at Torrey Reserve
11455 El Camino Real, Suite 300
San Diego, CA 92130
Attention: Dean E. Roeper, Esq.
Telecopy: (858) 794-2909
If to Lender:
Lehman Brothers Holdings Inc.
399 Park Avenue
New York, New York 10022
Attention: Joseph J. Flannery
With a copy to:
Estate Advisors, Inc.
3424 Peachtree Road NE, Suite 2200,
Atlanta, Georgia 30326
Attention: Tim Dick
Telecopy: 404 420-5610
And a copy to:
Herrick, Feinstein LLP
Two Park Avenue
New York, New York 10016
Attention: Paul Shapses, Esq.
Telecopy: (212) 545-3443
or at such other address as the party to be served
with notice may have furnished in writing to the party seeking or desiring to
serve notice as a place for the service of notice.
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