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 FACILITY AGENT 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 FACILITY AGENT 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 FACILITY
AGENT AND THE LENDERS HEREBY ACKNOWLEDGE THAT IN RESPECT OF ANY OBLIGATION OF
THE OBLIGORS TO DELIVER INFORMATION TO THE RELEVANT FINANCE PARTIES UNDER THIS
AGREEMENT, SUCH OBLIGATION SHALL BE DEEMED TO HAVE BEEN SATISFIED
NOTWITHSTANDING THE DETERMINATION OF ANY PUBLIC LENDER NOT TO VIEW SUCH
INFORMATION BY REASON OF IT NOT HAVING BEEN MARKED WITH THE TITLE "PUBLIC".
THE
FOREGOING PROVISIONS OF THIS CLAUSE 41.4 SHALL BE WITHOUT PREJUDICE TO THE
PROVISIONS OF CLAUSE 30 (ROLE OF THE FACILITY AGENT, THE ARRANGERS, THE L/C
BANKS AND OTHERS) AND CLAUSE 37.10 (DISCLOSURE OF INFORMATION) HEREOF.
41.5
ELECTRONIC COMMUNICATION
(A)
ANY COMMUNICATION TO BE MADE BETWEEN THE FACILITY
AGENT AND ANY LENDER UNDER OR IN CONNECTION WITH THE RELEVANT FINANCE DOCUMENTS
MAY BE MADE BY ELECTRONIC MAIL OR OTHER ELECTRONIC MEANS, IF THE RELEVANT AGENT
AND THE RELEVANT LENDER:
(I)
AGREE THAT, UNLESS AND UNTIL NOTIFIED TO THE
CONTRARY, THIS IS TO BE AN ACCEPTED FORM OF COMMUNICATION;
(II)
NOTIFY EACH OTHER IN WRITING OF THEIR ELECTRONIC
MAIL ADDRESS AND/OR ANY OTHER INFORMATION REQUIRED TO ENABLE THE SENDING AND
RECEIPT OF INFORMATION BY THAT MEANS; AND
199
(III)
NOTIFY EACH OTHER OF ANY CHANGE TO THEIR ADDRESS OR
ANY OTHER SUCH INFORMATION SUPPLIED BY THEM.
(B)
ANY ELECTRONIC COMMUNICATION MADE BETWEEN THE
FACILITY AGENT AND A LENDER WILL BE EFFECTIVE ONLY WHEN ACTUALLY RECEIVED IN
READABLE FORM AND IN THE CASE OF ANY ELECTRONIC COMMUNICATION MADE BY A LENDER
TO THE FACILITY AGENT ONLY IF IT IS ADDRESSED IN SUCH A MANNER AS THE FACILITY
AGENT SHALL SPECIFY FOR THIS PURPOSE.
41.6
CERTIFICATES OF OFFICERS
All certificates of officers of any company hereunder may be given on behalf of
the relevant company and in no event shall personal liability attach to such an
officer.
41.7
PATRIOT ACT
Each Lender subject to the USA Patriot Act (Title 111 of Pub. L. 107-56 (signed
into law