Acceptance.
19.11
EQUITY CURE CONTRIBUTION
The Borrower shall promptly inform the COFACE Agent when an Equity Cure
Contribution is to be made (including the details of any Equity Issuance or
Subordinated Indebtedness being applied for such purpose).
19.12
USE OF WEBSITES
(A)
THE BORROWER MAY SATISFY ITS OBLIGATION
UNDER THIS AGREEMENT TO DELIVER ANY INFORMATION IN RELATION TO THOSE LENDERS (
THE "WEBSITE LENDERS") WHO ACCEPT THIS METHOD OF COMMUNICATION BY POSTING THIS
INFORMATION ONTO AN ELECTRONIC WEBSITE DESIGNATED BY THE BORROWER AND THE COFACE
AGENT (THE "DESIGNATED WEBSITE") IF:
(I)
THE COFACE AGENT EXPRESSLY AGREES (AFTER
CONSULTATION WITH EACH OF THE LENDERS) THAT IT WILL ACCEPT COMMUNICATION OF THE
INFORMATION BY THIS METHOD;
(II)
BOTH THE BORROWER AND THE COFACE 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 COFACE AGENT.
If any Lender (a "Paper Form Lender") does not agree to the delivery of
information electronically then the COFACE Agent shall notify the Borrower
accordingly and the Borrower shall supply the information to the COFACE Agent
(in sufficient copies for each Paper Form Lender) in paper form.
In any event
the Borrower shall supply the COFACE Agent with at least one (1) copy in paper
form of any information required to be provided by it.
(B)
THE COFACE AGENT SHALL SUPPLY EACH WEBSITE
LENDER WITH THE ADDRESS OF AND ANY RELEVANT PASSWORD SPECIFICATIONS FOR THE
DESIGNATED WEBSITE FOLLOWING DESIGNATION OF THAT WEBSITE BY THE BORROWER AND THE
COFACE AGENT.
(C)
THE BORROWER SHALL PROMPTLY UPON BECOMING
AWARE OF ITS OCCURRENCE NOTIFY THE COFACE AGENT IF:
(I)
THE DESIGNATED WEBSITE CANNOT BE
ACCESSED DUE TO TECHNICAL FAILURE;
(II)
THE PASSWORD SPECIFICATIONS FOR THE
DESIGNATED WEBSITE CHANGE;
98
(III)
ANY NEW INFORMATION WHICH IS REQUIRED TO BE PROVIDED UNDER THIS
AGREEMENT IS POSTED ONTO THE DESIGNATED WEBSITE;
(IV)
ANY EXISTING INFORMATION WHICH HAS BEEN PROVIDED UNDER THIS
AGREEMENT AND POSTED ONTO THE DESIGNATED WEBSITE IS AMENDED; OR
(V)
THE BORROWER BECOMES AWARE THAT THE DESIGNATED WEBSITE OR ANY
INFORMATION POSTED ONTO THE DESIGNATED WEBSITE IS OR HAS BEEN INFECTED BY ANY
ELECTRONIC VIRUS OR SIMILAR SOFTWARE.
If the Borrower notifies the COFACE Agent under paragraph (c)(i) or
paragraph (c)(v) above, all information to be provided by the Borrower under
this Agreement after the date of that notice shall be supplied in paper form
unless and until the COFACE Agent and each Website Lender is satisfied that the
circumstances giving rise to the notification are no longer continuing.
(D)
ANY WEBSITE LENDER MAY REQUEST, THROUGH THE COFACE AGENT,
ONE (1) PAPER COPY OF ANY INFORMATION REQUIRED TO BE PROVIDED UNDER THIS
AGREEMENT WHICH IS POSTED ONTO THE DESIGNATED WEBSITE.
THE BORROWER SHALL
COMPLY WITH ANY SUCH REQUEST WITHIN TEN (10) BUSINESS DAYS.
19.13
"KNOW YOUR CUSTOMER" CHECKS
(A)
IF:
(I)
THE INTRODUCTION OF OR ANY CHANGE IN (OR IN THE INTERPRETATION,
ADMINISTRATION OR APPLICATION OF) ANY APPLICABLE LAW