to be made under this Agreement shall be made in writing and,
unless otherwise stated, shall be made by fax, telex or letter.
35.2
GIVING OF NOTICE
Any communication or document to be made or delivered by one person to another
pursuant to this Agreement shall in the case of any person other than a Lender
(unless that other person has by 10 Business Days' written notice to the
Facility Agent specified another address) be made or delivered to that other
person at the address identified with its signature below or, in the case of a
Lender, at the address from time to time designated by it to the Facility Agent
for the purpose of this Agreement (or, in the case of a Transferee at the end of
the Transfer Deed to which it is a party as Transferee) and shall be deemed to
have been made or delivered when despatched (in the case of any communication
made by fax) or (in the case of any communication made by letter) when left at
the address or (as the case may be) 5 Business Days after being deposited in the
post postage prepaid in an envelope addressed to it at that address provided
that any communication or document to be made or delivered to the Facility Agent
shall be effective only when received by the Facility Agent and then only if the
same is expressly marked for the attention of the department or officer
identified with the Facility Agent's signature below (or such other department
or officer as the Facility Agent shall from time to time specify by not less
than 10 Business Days' prior written notice to the Borrower for this purpose).
35.3
USE OF WEBSITES/E-MAIL
(A)
AN OBLIGOR MAY (AND UPON REQUEST BY THE
FACILITY AGENT, SHALL) SATISFY ITS OBLIGATIONS UNDER THIS AGREEMENT TO DELIVER
ANY INFORMATION IN RELATION TO THOSE LENDERS (THE "WEBSITE LENDERS") WHO HAVE
NOT OBJECTED TO THE DELIVERY OF INFORMATION ELECTRONICALLY BY POSTING THIS
INFORMATION ONTO AN ELECTRONIC WEBSITE DESIGNATED BY THE BORROWER AND THE
FACILITY AGENT (THE "DESIGNATED WEBSITE") OR BY E-MAILING SUCH INFORMATION TO
THE FACILITY AGENT, IF:
(I)
THE FACILITY AGENT EXPRESSLY AGREES THAT
THEY WILL ACCEPT COMMUNICATION AND DELIVERY OF ANY DOCUMENTS REQUIRED TO BE
DELIVERED PURSUANT TO THIS AGREEMENT BY THIS METHOD;
(II)
IN THE CASE OF POSTING TO THE DESIGNATED
WEBSITE, THE BORROWER AND THE FACILITY AGENT ARE AWARE OF THE ADDRESS OF, AND
ANY RELEVANT PASSWORD SPECIFICATIONS FOR, THE DESIGNATED WEBSITE; AND
(III)
THE INFORMATION IS IN A FORMAT PREVIOUSLY
AGREED BETWEEN THE BORROWER AND THE FACILITY AGENT.
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(B)
IF ANY LENDER (A "PAPER FORM LENDER")
OBJECTS TO THE DELIVERY OF INFORMATION ELECTRONICALLY THEN THE FACILITY AGENT
SHALL NOTIFY THE BORROWER ACCORDINGLY AND THE BORROWER SHALL SUPPLY THE
INFORMATION TO THE FACILITY AGENT (IN SUFFICIENT COPIES FOR EACH PAPER
FORM LENDER) IN PAPER FORM.
(C)
THE FACILITY AGENT SHALL SUPPLY EACH
WEBSITE LENDER WITH THE ADDRESS OF, AND ANY RELEVANT PASSWORD SPECIFICATIONS
FOR, THE DESIGNATED WEBSITE