Agent or any other Lender and based on such documents and information as it
has deemed appropriate, made its own credit analysis and decision to enter into
this Agreement.
Each Lender also acknowledges that it will, independently and
without reliance upon any Agent or any other Lender and based on such documents
and information as it shall from time to time deem appropriate, continue to make
its own decisions in taking or not taking action under or based upon this
Agreement, any other Loan Document or related agreement or any document
furnished hereunder or thereunder.
SECTION 20.
MISCELLANEOUS
(A)
NOTICES.
(A)
EXCEPT IN THE CASE OF NOTICES AND OTHER COMMUNICATIONS
EXPRESSLY PERMITTED TO BE GIVEN BY TELEPHONE (AND SUBJECT TO PARAGRAPH (B)
BELOW), ALL NOTICES AND OTHER COMMUNICATIONS PROVIDED FOR HEREIN SHALL BE IN
WRITING AND SHALL BE DELIVERED BY HAND OR OVERNIGHT COURIER SERVICE, MAILED BY
CERTIFIED OR REGISTERED MAIL OR SENT BY TELECOPY, AS FOLLOWS:
(A) IF TO PARENT OR THE BORROWER, TO IT AT MACY'S, INC., 7 WEST
SEVENTH STREET,
CINCINNATI, OHIO 45202, ATTENTION OF THE CHIEF FINANCIAL OFFICER, WITH A COPY TO
THE GENERAL COUNSEL (OTHER THAN IN THE CASE OF ANY NOTICE OR COMMUNICATION
PROVIDED FOR UNDER ARTICLE II) (TELECOPY NO. (513) 579-7462);
(B) IF TO THE PAYING AGENT OR JPMORGAN CHASE BANK, N.A. AS ADMINISTRATIVE AGENT,
ISSUING BANK OR SWINGLINE LENDER, TO JPMORGAN CHASE BANK, N.A., LOAN AND AGENCY
SERVICES GROUP, 1111 FANIN STREET, HOUSTON, TEXAS 77002, ATTENTION OF JENNIFER
ANYIGBO (TELECOPY NO. (713) 750-2782), WITH A COPY TO JPMORGAN CHASE BANK, N.A.,
270 PARK AVENUE, NEW YORK, NEW YORK 10017, ATTENTION OF BARRY BERGMAN
(TELECOPY
NO. (212) 270-6637);
(C) IF TO BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, ISSUING BANK OR
SWINGLINE LENDER, TO IT AT 2001 CLAYTON ROAD, BUILDING B, 2ND FLOOR,
CA4-704-02-25, CONCORD, CALIFORNIA 94520.
ATTENTION OF GK LAPITAN (TELECOPY NO.
(888) 969-9170); AND
(D) IF TO ANY OTHER LENDER, SWINGLINE LENDER OR ISSUING BANK, TO IT AT ITS
ADDRESS (OR TELECOPY NUMBER) SET FORTH IN ITS ADMINISTRATIVE QUESTIONNAIRE.
(B)
NOTICES AND OTHER COMMUNICATIONS TO THE LENDERS HEREUNDER MAY BE DELIVERED
OR FURNISHED BY ELECTRONIC COMMUNICATIONS PURSUANT TO PROCEDURES APPROVED BY THE
PAYING AGENT; PROVIDED THAT THE FOREGOING SHALL NOT APPLY TO NOTICES PURSUANT TO
ARTICLE II UNLESS OTHERWISE AGREED BY THE PAYING AGENT AND THE APPLICABLE
LENDER.
THE PAYING AGENT, PARENT OR THE BORROWER MAY, IN ITS DISCRETION, AGREE
TO ACCEPT NOTICES AND OTHER COMMUNICATIONS TO IT HEREUNDER BY ELECTRONIC
COMMUNICATIONS PURSUANT TO PROCEDURES APPROVED BY IT; PROVIDED THAT APPROVAL OF
SUCH PROCEDURES MAY BE LIMITED TO PARTICULAR NOTICES OR COMMUNICATIONS.
(C)
ANY PARTY HERETO MAY CHANGE ITS ADDRESS OR TELECOPY NUMBER FOR NOTICES AND
OTHER COMMUNICATIONS HEREUNDER BY NOTICE TO THE OTHER PARTIES HERETO.
ALL
NOTICES AND OTHER COMMUNICATIONS GIVEN TO ANY PARTY HERETO IN ACCORDANCE WITH
THE PROVISIONS OF THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN GIVEN ON THE DATE
OF RECEIPT.
(B)
WAIVERS; AMENDMENTS.
(A)
NO FAILURE OR DELAY BY THE PAYING AGENT, ANY
ISSUING BANK