WITH THE ADDRESS OF, AND ANY RELEVANT PASSWORD SPECIFICATIONS
FOR, THE DESIGNATED WEBSITE FOLLOWING DESIGNATION OF THAT WEBSITE BY THE COMPANY
AND THE FACILITY AGENT.
(D)
ANY WEBSITE LENDER MAY REQUEST, THROUGH THE
FACILITY AGENT, ONE PAPER COPY OF ANY
201
INFORMATION REQUIRED TO BE PROVIDED UNDER THIS AGREEMENT WHICH IS POSTED ONTO
THE DESIGNATED WEBSITE.
THE COMPANY SHALL COMPLY WITH ANY SUCH REQUEST WITHIN
10 BUSINESS DAYS.
(E)
SUBJECT TO THE OTHER PROVISIONS OF THIS
CLAUSE 40.3, ANY OBLIGOR MAY DISCHARGE ITS OBLIGATION TO SUPPLY MORE THAN ONE
COPY OF A DOCUMENT UNDER THIS AGREEMENT BY POSTING ONE COPY OF SUCH DOCUMENT TO
THE DESIGNATED WEBSITE OR E-MAILING ONE COPY OF SUCH DOCUMENT TO THE FACILITY
AGENT.
(F)
FOR THE PURPOSES OF PARAGRAPH (A) ABOVE,
THE AGENTS HEREBY EXPRESSLY AGREE THAT:
(I)
THEY WILL ACCEPT DELIVERY OF DOCUMENTS
REQUIRED TO BE DELIVERED UNDER CLAUSE 22 (FINANCIAL INFORMATION) BY THE POSTING
OF SUCH DOCUMENTS TO THE DESIGNATED WEBSITE OR BY EMAIL DELIVERY TO THE AGENTS;
AND
(II)
THEY HAVE AGREED TO THE FORMAT OF THE
INFORMATION REQUIRED TO BE DELIVERED UNDER CLAUSE 22 (FINANCIAL INFORMATION).
40.4
PUBLIC INFORMATION
(A)
THE COMPANY HEREBY ACKNOWLEDGES THAT
CERTAIN OF THE LENDERS MAY BE "PUBLIC-SIDE" LENDERS (I.E., LENDERS THAT DO NOT
WISH TO RECEIVE MATERIAL NON-PUBLIC INFORMATION WITH RESPECT TO THE COMPANY, THE
GROUP AND/OR ITS BUSINESS) (EACH, A "PUBLIC LENDER").
(B)
THE COMPANY HEREBY AGREES THAT IF AND FOR
SO LONG AS ANY MEMBER OF THE GROUP IS THE ISSUER OF ANY OUTSTANDING DEBT OR
EQUITY SECURITIES THAT ARE REGISTERED OR ISSUED PURSUANT TO A PRIVATE OFFERING
OR IS ACTIVELY CONTEMPLATING ISSUING ANY SUCH SECURITIES IT WILL USE
COMMERCIALLY REASONABLE EFFORTS TO IDENTIFY THAT PORTION OF ANY MATERIALS AND/OR
INFORMATION PROVIDED BY OR ON BEHALF OF THE COMPANY HEREUNDER (COLLECTIVELY,
"COMPANY MATERIALS") THAT MAY BE DISTRIBUTED TO THE PUBLIC LENDERS AND THAT:
(I)
ALL SUCH COMPANY MATERIALS SHALL BE
CLEARLY AND CONSPICUOUSLY MARKED "PUBLIC" WHICH, AT A MINIMUM, SHALL MEAN THAT
THE WORD "PUBLIC" SHALL APPEAR PROMINENTLY ON THE FIRST PAGE THEREOF;
(II)
BY MARKING COMPANY MATERIALS "PUBLIC," THE
COMPANY SHALL BE DEEMED TO HAVE AUTHORIZED THE AGENTS AND THE LENDERS TO TREAT
SUCH COMPANY MATERIALS AS NOT CONTAINING ANY MATERIAL NON-PUBLIC INFORMATION
(ALTHOUGH IT MAY BE SENSITIVE AND PROPRIETARY) WITH RESPECT TO THE COMPANY, THE
GROUP AND/OR ITS BUSINESS FOR PURPOSES OF UNITED STATES FEDERAL AND STATE
SECURITIES LAWS;
(III)
ALL COMPANY MATERIALS MARKED "PUBLIC" SHALL BE
MADE AVAILABLE ON THE DESIGNATED WEBSITE UNDER THE TITLE "PUBLIC";" AND
(IV)
THE AGENTS SHALL BE ENTITLED TO POST ANY
COMPANY MATERIALS THAT ARE NOT MARKED "PUBLIC" ON TO THE DESIGNATED WEBSITE
WITHOUT SPECIFYING IN THE TITLE OF SUCH DOCUMENT WHETHER SUCH INFORMATION IS
PUBLIC.
(C)
NOTWITHSTANDING THE FOREGOING, THE COMPANY
SHALL BE UNDER NO OBLIGATION TO MARK ANY COMPANY MATERIALS "PUBLIC". EACH OF
AGENTS AND THE LENDERS HEREBY ACKNOWLEDGE THAT IN RESPECT OF ANY OBLIGATION OF
THE OBLIGORS TO DELIVER INFORMATION TO THE FINANCE PARTIES UNDER THIS AGREEMENT,
SUCH OBLIGATION SHALL BE DEEMED