IN CONNECTION WITH RATINGS ISSUED WITH RESPECT TO A
SECURITIZATION; PROVIDED THAT UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE LAW
OR COURT ORDER, EACH LENDER, THE ADMINISTRATIVE AGENT AND EACH OTHER AGENT SHALL
USE COMMERCIALLY REASONABLE EFFORTS TO NOTIFY THE BORROWER OF ANY REQUEST MADE
TO SUCH LENDER, THE ADMINISTRATIVE AGENT OR SUCH OTHER AGENT BY ANY
GOVERNMENTAL, REGULATORY OR SELF REGULATORY AGENCY OR REPRESENTATIVE THEREOF
(OTHER THAN ANY SUCH REQUEST IN CONNECTION WITH AN EXAMINATION OF THE FINANCIAL
CONDITION OF SUCH LENDER BY SUCH AGENCY) FOR DISCLOSURE OF ANY SUCH NON-PUBLIC
INFORMATION PRIOR TO DISCLOSURE OF SUCH INFORMATION, AND PROVIDED FURTHER THAT
IN NO EVENT SHALL ANY LENDER, THE ADMINISTRATIVE AGENT OR ANY OTHER AGENT BE
OBLIGATED OR REQUIRED TO RETURN ANY MATERIALS FURNISHED BY THE BORROWER OR ANY
SUBSIDIARY. EACH LENDER, THE ADMINISTRATIVE AGENT AND EACH OTHER AGENT AGREES
THAT IT WILL NOT PROVIDE TO PROSPECTIVE TRANSFEREES OR TO ANY PLEDGEE REFERRED
TO IN SECTION 13.6 OR TO PROSPECTIVE DIRECT OR INDIRECT CONTRACTUAL
COUNTERPARTIES IN SWAP AGREEMENTS TO BE ENTERED INTO IN CONNECTION WITH LOANS
MADE HEREUNDER ANY OF THE CONFIDENTIAL INFORMATION UNLESS SUCH PERSON IS ADVISED
OF AND AGREES TO BE BOUND BY THE PROVISIONS OF THIS SECTION 13.16 OR
CONFIDENTIALITY PROVISIONS AT LEAST AS RESTRICTIVE AS THOSE SET FORTH IN THIS
SECTION 13.16.
13.17.
DIRECT WEBSITE COMMUNICATIONS.
(A)
THE BORROWER MAY, AT ITS OPTION, PROVIDE TO THE
ADMINISTRATIVE AGENT ANY INFORMATION, DOCUMENTS AND OTHER MATERIALS THAT IT IS
OBLIGATED TO FURNISH TO THE ADMINISTRATIVE 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 (A) 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), (B) RELATES
TO THE PAYMENT OF ANY PRINCIPAL OR OTHER AMOUNT DUE UNDER THE SENIOR SECURED
CREDIT AGREEMENT PRIOR TO THE SCHEDULED DATE THEREFOR, (C) PROVIDES NOTICE OF
ANY DEFAULT OR EVENT OF DEFAULT UNDER THIS AGREEMENT OR (D) IS REQUIRED TO BE
DELIVERED TO SATISFY ANY CONDITION PRECEDENT TO THE EFFECTIVENESS OF THE SENIOR
SECURED CREDIT AGREEMENT AND/OR ANY BORROWING OR OTHER EXTENSION OF CREDIT
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 ADMINISTRATIVE
AGENT TO THE ADMINISTRATIVE AGENT AT AN EMAIL ADDRESS PROVIDED BY THE
ADMINISTRATIVE AGENT FROM TIME TO TIME; PROVIDED THAT: (I) UPON WRITTEN REQUEST
BY THE ADMINISTRATIVE
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AGENT, THE BORROWER SHALL DELIVER PAPER COPIES OF SUCH DOCUMENTS TO THE
ADMINISTRATIVE AGENT FOR FURTHER DISTRIBUTION TO EACH LENDER UNTIL A WRITTEN
REQUEST TO CEASE DELIVERING PAPER COPIES IS GIVEN BY THE ADMINISTRATIVE AGENT
AND (II) THE BORROWER SHALL NOTIFY (WHICH MAY BE BY FACSIMILE OR ELECTRONIC
MAIL) THE ADMINISTRATIVE AGENT OF THE POSTING OF ANY SUCH DOCUMENTS AND PROVIDE
TO THE ADMINISTRATIVE AGENT BY ELECTRONIC MAIL ELECTRONIC VERSIONS