by the intended recipient at its e-mail address
as described in the foregoing clause (i) of notification that such notice or
communication is available and identifying the website address therefor.
(C)
CHANGE OF ADDRESS, ETC.
ANY PARTY HERETO
MAY CHANGE ITS ADDRESS OR TELECOPIER NUMBER FOR NOTICES AND OTHER COMMUNICATIONS
HEREUNDER BY NOTICE TO THE OTHER PARTIES HERETO.
(D)
POSTING.
BORROWER HEREBY AGREES THAT IT
WILL PROVIDE TO THE ADMINISTRATIVE AGENT ALL INFORMATION, DOCUMENTS AND OTHER
MATERIALS THAT IT IS OBLIGATED TO FURNISH TO THE ADMINISTRATIVE AGENT PURSUANT
TO THIS AGREEMENT AND ANY OTHER LOAN DOCUMENT, INCLUDING 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 OR OTHER
EXTENSION OF CREDIT (INCLUDING ANY ELECTION OF AN INTEREST RATE OR 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 UNDER THIS AGREEMENT OR (IV) IS REQUIRED TO
BE DELIVERED TO SATISFY ANY CONDITION PRECEDENT TO THE EFFECTIVENESS OF THIS
AGREEMENT AND/OR ANY BORROWING OR OTHER EXTENSION OF CREDIT HEREUNDER (ALL SUCH
NON-EXCLUDED COMMUNICATIONS, COLLECTIVELY, THE "COMMUNICATIONS"), BY
TRANSMITTING THE COMMUNICATIONS IN AN ELECTRONIC/SOFT MEDIUM IN A FORMAT
REASONABLY ACCEPTABLE TO THE ADMINISTRATIVE AGENT AT SUCH E-MAIL ADDRESS(ES)
PROVIDED TO BORROWER FROM TIME TO TIME OR IN SUCH OTHER FORM, INCLUDING HARD
COPY DELIVERY THEREOF, AS THE ADMINISTRATIVE AGENT SHALL REQUIRE.
IN ADDITION,
BORROWER AGREES TO CONTINUE TO PROVIDE THE COMMUNICATIONS TO THE ADMINISTRATIVE
AGENT IN THE MANNER SPECIFIED IN THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR IN
SUCH OTHER FORM, INCLUDING HARD COPY DELIVERY THEREOF, AS THE ADMINISTRATIVE
AGENT SHALL REQUIRE.
NOTHING IN THIS SECTION 10.01 SHALL PREJUDICE THE RIGHT OF
THE AGENTS, ANY LENDER OR ANY LOAN PARTY TO GIVE ANY NOTICE OR OTHER
COMMUNICATION PURSUANT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT IN ANY OTHER
MANNER SPECIFIED IN THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR AS ANY SUCH
AGENT SHALL REQUIRE.
To the extent consented to by the Administrative Agent in writing from time to
time, Administrative Agent agrees that receipt of the Communications by the
Administrative Agent at its e-mail address(es) set forth above shall constitute
effective delivery of the Communications to the Administrative Agent for
purposes of the Loan Documents; provided that Borrower shall also deliver to the
Administrative Agent an executed original of each Compliance Certificate
required to be delivered hereunder.
Borrower further agrees that Administrative Agent may make the Communications
available to the Lenders by posting the Communications on Intralinks or a
substantially similar electronic transmission system (the "Platform").
The
Platform is provided "as is" and "as available."
The Agents do not warrant the
accuracy or completeness of the Communications, or the adequacy of the Platform
and expressly disclaim liability for errors or omissions in the communications.
No warranty of any kind, express, implied