OMX » Topics » 13.3 Notices .

This excerpt taken from the OMX 8-K filed Feb 16, 2010.
Notices.  Any and all notices, requests, demands and other communications provided for by this Agreement shall be in writing and shall be effective when delivered in person, consigned to a reputable national or international courier service or deposited in the United States mail, postage prepaid, registered or certified, and addressed to the Executive at his last known address on the books of the Company or, in the case of the Company, at the Company’s principal place of business, attention of the General Counsel of the Company, or to such other address as either party may specify by notice to the other actually received.

 

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ACCEPTED AND AGREED TO:

 

ACCEPTED AND AGREED TO:

 

 

 

Sam Duncan

 

OfficeMax Incorporated

 

 

 

 

 

 

/s/ Sam Duncan

 

By:

/s/ Matthew R. Broad

 

 

 

 

 

 

2/11/10

 

2/11/10

Date

 

Date

 

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This excerpt taken from the OMX 8-K filed Jul 18, 2007.

13.3   Notices.

(a)   All notices, requests and demands hereunder shall be in writing and deemed to have been given or made:  if delivered in person, immediately upon delivery; if by telex, telegram or facsimile transmission, immediately upon sending and upon confirmation of receipt; if by nationally recognized overnight courier service with instructions to deliver the next Business Day, one (1) Business Day after sending; and if by certified mail, return receipt requested, five (5) days after mailing.  Notices delivered through electronic communications shall be effective to the extent set forth in Section 13.3(b) below.  All notices, requests and demands upon the parties are to be given to the following addresses (or to such other address as any party may designate by notice in accordance with this Section):

:

If to any Borrower or Guarantor

OfficeMax Incorporated
263 Shuman Boulevard
Naperville, Illinois 60563
Attention: Mr. John S. Jennings
                   Senior Vice-President and Treasurer
Telephone No.: 630-864-5048

 

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Telecopy No.:

 

 

with a copy to:

Bell, Boyd & Lloyd LLP
70 West Madison Street
Suite 3300
Chicago, Illinois 60602-4207
Attention: Kenneth A. Peterson, Esq.
Telephone No.: 312-807-4395
Telecopy No.:312-827-8147

 

If to Agent or Issuing Bank:

Wachovia Capital Finance Corporation (Central)
150 South Wacker Drive, Suite 2200
Chicago, Illinois 60606-4202
Attention: Portfolio Administrator
Telephone No.: 312-332-0420
Telecopy No.: 312-332-0424

 

(b)   Notices and other communications to Lenders and an Issuing Bank hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Agent or as otherwise determined by Agent; provided, that, the foregoing shall not apply to notices to any Lender or Issuing Bank pursuant to Section 2 hereof if such Lender or Issuing Bank, as applicable, has notified Agent that it is incapable of receiving notices under such Section by electronic communication.  Unless Agent otherwise requires, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided, that, if such notice or other communication is not given during the normal business hours of the recipient, such notice shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communications is available and identifying the website address therefor.

13.4   Partial Invalidity.   If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate this Agreement as a whole, but this Agreement shall be construed as though it did not contain the particular provision held to be invalid or unenforceable and the rights and obligations of the parties shall be construed and enforced only to such extent as shall be permitted by applicable law.

This excerpt taken from the OMX 8-K filed Nov 15, 2006.
12.5        Notices.  Except as expressly set forth to the contrary in this Agreement, all notices, requests, or consents provided for or permitted to be given under this Agreement must be in writing and shall be deemed to have been given or made when (a) delivered personally to the recipient, (b) telecopied or delivered by electronic mail to the recipient (with hard copy sent to the recipient by reputable overnight courier service (charges prepaid) that same day) if telecopied or e-mailed before 5:00 pm Chicago time on a Business Day, and otherwise on the next Business Day, (c) one Business Day after being sent by reputable overnight courier service (charges prepaid), or (d) five Business Days after being depositing in the United States mail, addressed to the recipient, postage paid, and registered or certified with return receipt requested.  All notices, requests, and consents to be sent to a Member or Holder must be sent to or made at the address given for that Member on the Schedule of Members or Holders on the books and records of the Company, or such other address as that Member or Holder may specify by notice to the Company and the other Members.  Any notice, request, or consent to the Company or the Board must be given to the Board at the following address:

 

To the Company

 

Boise Cascade Holdings, L.L.C.

 

 

 

 

c/o Madison Dearborn Partners, LLC

 

 

 

 

Three First National Plaza

 

 

 

 

Suite 3800

 

 

 

 

Chicago, Illinois 60602

 

 

 

 

 

 

 

 

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Attention:

 

Samuel M. Mencoff
Thomas S. Souleles

 

 

Facsimile:

 

312-895-1056

 

 

E-mail:

 

smencoff@mdcp.com
tsouleles@mdcp.com

 

 

 

 

 

With a copy (which shall not:

 

Kirkland & Ellis LLP

constitute notice) to:

 

200 East Randolph Drive

 

 

Chicago, Illinois 60601

 

 

Attention:

 

Richard J. Campbell
Jeffrey W. Richards

 

 

Facsimile:

 

(312) 861-2200

 

 

E-mail:

 

rcampbell@kirkland.com
jrichards@kirkland.com

 

Whenever any notice is required to be given by law, the Certificate or this Agreement, a written waiver thereof, signed by the Person entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

 

This excerpt taken from the OMX 8-K filed Jun 23, 2006.
Section 9.2. Notices. Unless otherwise specified, all notices and other communications hereunder shall be in writing (including by telecopier or other facsimile communication), given to the appropriate Person at its address or telecopy number set forth on the signature pages hereof or at such other address or telecopy number as such Person may specify, and effective when received at the address specified by such Person. Each party hereto, however, authorizes the Agent and each Purchaser Agent to act on telephone notices of Purchases, Puts, and Discount Rate and Tranche Period selections from any person the Agent or each Purchaser Agent in good faith believes to be acting on behalf of the relevant party and, at the Agent’s or each Purchaser Agent’s option, to tape record any such telephone conversation. Each party hereto agrees to deliver promptly to the Agent and each Purchaser Agent a confirmation of each telephone notice given or received by such party (signed by an authorized officer of such party), but the absence of such confirmation shall not affect the validity of the telephone notice. The Agent’s or each Purchaser Agent’s records of all such conversations shall be deemed correct and, if the confirmation of a conversation differs in any material respect from the action taken by the Agent or such Purchaser Agent, the records of the Agent or such Purchaser Agent shall govern absent

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manifest error. The number of days for any advance notice required hereunder may be waived (orally or in writing) by the Person receiving such notice and, in the case of notices to the Agent or any Purchaser Agent, the consent of each Person to which the Agent or such Purchaser Agent is required to forward such notice.

This excerpt taken from the OMX 8-K filed Jun 30, 2005.

13.3  Notices.

 

(a)                    All notices, requests and demands hereunder shall be in writing and deemed to have been given or made:  if delivered in person, immediately upon delivery; if by telex, telegram or facsimile transmission, immediately upon sending and upon confirmation of receipt; if by nationally recognized overnight courier service with instructions to deliver the next Business Day, one (1) Business Day after sending; and if by certified mail, return receipt requested, five (5) days after mailing.  Notices delivered through electronic communications shall be effective to the extent set forth in Section 13.3(b) below.  All notices, requests and demands upon the parties are to be given to the following addresses (or to such other address as any party may designate by notice in accordance with this Section):

 

If to any Borrower or Guarantor:

 

OfficeMax Incorporated

 

 

150 Pierce Road

 

 

Itasca, Illinois 60143

 

 

Attention:

Mr. Theodore Crumley

 

 

 

Executive Vice President and

 

 

 

Chief Financial Officer

 

 

Telephone No.: 630-773-5000

 

 

Telecopy No.: 630-438-2468

 

 

 

with a copy to:

 

Bell, Boyd & Lloyd LLC

 

 

70 West Madison Street

 

 

Suite 3300

 

 

Chicago, Illinois 60602-4207

 

 

Attention: Kenneth A. Peterson, Esq.

 

 

Telephone No.: 312-807-4395

 

 

Telecopy No.:312-827-8147

 

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If to Agent or Issuing Bank:

 

Wachovia Capital Finance Corporation
(Central)
150 South Wacker Drive, Suite 2200
Chicago, Illinois 60606-4202
Attention: Portfolio Administrator
Telephone No.: 312-332-0420
Telecopy No.: 312-332-0424

 

(b)                   Notices and other communications to Lenders and an Issuing Bank hereunder may be delivered or furnished by electronic communication (including e-mail and Internet or intranet websites) pursuant to procedures approved by Agent or as otherwise determined by Agent, provided, that, the foregoing shall not apply to notices to any Lender or Issuing Bank pursuant to Section 2 hereof if such Lender or Issuing Bank, as applicable, has notified Agent that it is incapable of receiving notices under such Section by electronic communication.  Unless Agent otherwise requires, (i) notices and other communications sent to an e-mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided, that, if such notice or other communication is not given during the normal business hours of the recipient, such notice shall be deemed to have been sent at the opening of business on the next Business Day for the recipient, and (ii) notices or communications posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient at its e-mail address as described in the foregoing clause (i) of notification that such notice or communications is available and identifying the website address therefor.

 

13.4  Partial Invalidity.  If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate this Agreement as a whole, but this Agreement shall be construed as though it did not contain the particular provision held to be invalid or unenforceable and the rights and obligations of the parties shall be construed and enforced only to such extent as shall be permitted by applicable law.

 

This excerpt taken from the OMX 8-K filed Jun 24, 2005.
Notices.  Immediately upon becoming aware of any of the following the Seller will notify the Agent and each Purchaser Agent and provide a description of:

 

(i)           

This excerpt taken from the OMX 10-K filed Mar 16, 2005.

Notices

        Section 26.    Notices to directors and stockholders shall be in writing and delivered personally or mailed to the directors or stockholders at their addresses appearing on the books of the corporation. Notice by mail shall be deemed to be given when the notice is mailed. Notice to directors may also be given by telegram, and shall be deemed to be given at the time of delivery to the telegraph company. Notice to members of committees of the directors as such may also be given orally.

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        Section 27.    Whenever any notice is required to be given under the provisions of the statutes or of the certificate of incorporation or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. Attendance of a person at a meeting shall constitute a waiver of notice of such meeting, except when the person attends a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened.

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