IN
SECTION 9.2(B) SHALL BE DELIVERED TO THE AGENT IN ACCORDANCE WITH THE PROVISIONS
THEREOF OR AS OTHERWISE SPECIFIED TO THE COMPANY BY THE AGENT.
EXCEPT AS
OTHERWISE PROVIDED HEREIN, ALL NOTICES, CONSENTS, CERTIFICATES, WAIVERS,
DOCUMENTS AND OTHER COMMUNICATIONS REQUIRED OR PERMITTED TO BE DELIVERED TO ANY
PARTY UNDER THE TERMS OF ANY LOAN DOCUMENT (A) MUST BE IN WRITING, (B) MUST BE
PERSONALLY DELIVERED, TRANSMITTED BY A RECOGNIZED COURIER SERVICE OR TRANSMITTED
BY FACSIMILE, AND (C) MUST BE DIRECTED TO SUCH PARTY AT ITS ADDRESS OR FACSIMILE
NUMBER SET FORTH ABOVE OR ON SCHEDULE 2.1(A) HERETO.
EXCEPT AS PROVIDED IN
SUBSECTION (B) BELOW, ALL NOTICES WILL BE DEEMED TO HAVE BEEN DULY GIVEN AND
RECEIVED ON THE DATE OF DELIVERY IF DELIVERED PERSONALLY, THREE (3) DAYS AFTER
DELIVERY TO THE COURIER IF TRANSMITTED BY COURIER, OR THE DATE OF TRANSMISSION
DURING NORMAL BUSINESS HOURS WITH CONFIRMATION IF TRANSMITTED BY FACSIMILE,
WHICHEVER OCCURS FIRST, EXCEPT THAT NOTICES AND COMMUNICATIONS TO THE AGENT OR
THE COLLATERAL AGENT PURSUANT TO ARTICLE II, III OR VII SHALL NOT BE EFFECTIVE
UNTIL RECEIVED BY SUCH AGENT.
ANY PARTY MAY CHANGE ITS ADDRESS OR FACSIMILE
NUMBER FOR PURPOSES HEREOF BY NOTICE TO ALL OTHER PARTIES.
DELIVERY BY
TELECOPIER OF AN EXECUTED COUNTERPART OF A SIGNATURE PAGE TO ANY AMENDMENT OR
WAIVER OF ANY PROVISION OF THIS AGREEMENT OR THE NOTES SHALL BE EFFECTIVE AS
DELIVERY OF AN ORIGINAL EXECUTED COUNTERPART THEREOF.
(B)
THE COMPANY HEREBY AGREES THAT IT WILL PROVIDE TO THE AGENT ALL
INFORMATION, DOCUMENTS AND OTHER MATERIALS THAT IT IS OBLIGATED TO FURNISH TO
THE AGENT PURSUANT TO THE LOAN DOCUMENTS, INCLUDING, WITHOUT LIMITATION, ALL
NOTICES, REQUESTS, FINANCIAL STATEMENTS, FINANCIAL AND OTHER REPORTS,
CERTIFICATES AND OTHER INFORMATION MATERIALS, BUT EXCLUDING ANY SUCH
COMMUNICATION THAT (I) RELATES TO A REQUEST FOR A NEW, OR A CONVERSION OF AN
EXISTING, BORROWING (INCLUDING ANY ELECTION OF AN INTEREST RATE OR LIBOR
INTEREST PERIOD RELATING THERETO), (II) RELATES TO THE PAYMENT OF ANY PRINCIPAL
OR OTHER AMOUNT DUE UNDER THIS AGREEMENT PRIOR TO THE SCHEDULED DATE THEREFOR,
(III) PROVIDES NOTICE OF ANY DEFAULT OR EVENT OF DEFAULT UNDER THIS AGREEMENT OR
(IV) COMPRISES ORIGINAL EXECUTED COUNTERPARTS, ORIGINAL GOVERNMENTAL
CERTIFICATES , IN EACH CASE, REQUIRED TO BE DELIVERED TO SATISFY ANY CONDITION
PRECEDENT TO THE EFFECTIVENESS OF THIS AGREEMENT AND/OR ANY BORROWING THEREUNDER
(ALL SUCH NON-EXCLUDED COMMUNICATIONS BEING REFERRED TO HEREIN COLLECTIVELY AS
"COMMUNICATIONS"), BY TRANSMITTING THE COMMUNICATIONS IN AN ELECTRONIC/SOFT
MEDIUM IN A FORMAT REASONABLY ACCEPTABLE TO THE AGENT TO AN ELECTRONIC MAIL
ADDRESS
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SPECIFIED BY THE AGENT TO THE COMPANY.
IN ADDITION, THE COMPANY AGREES TO
CONTINUE TO PROVIDE THE COMMUNICATIONS TO THE AGENT IN THE MANNER SPECIFIED IN
THE LOAN DOCUMENTS BUT ONLY TO THE EXTENT REQUESTED BY THE AGENT.
THE COMPANY
FURTHER AGREES THAT THE AGENT MAY MAKE THE COMMUNICATIONS AVAILABLE TO THE
LENDERS BY POSTING THE COMMUNICATIONS ON INTRALINKS OR A SUBSTANTIALLY SIMILAR
ELECTRONIC TRANSMISSION SYSTEM (THE "PLATFORM"); PROVIDED THAT, UNLESS OTHERWISE
INDICATED BY THE COMPANY, ALL SUCH INFORMATION SO MADE