INFORMATION, DOCUMENTS AND OTHER MATERIALS THAT IT IS OBLIGATED TO
FURNISH TO THE LENDER PURSUANT TO THIS AGREEMENT AND ANY OTHER TRANSACTION
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 THE PAYMENT OF ANY PRINCIPAL OR OTHER
AMOUNT DUE UNDER THIS AGREEMENT PRIOR TO THE SCHEDULED DATE THEREFOR,
(II) PROVIDES NOTICE OF ANY DEFAULT UNDER THIS AGREEMENT OR (III) 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 LENDER AT SUCH E-MAIL ADDRESS(ES) AS ARE PROVIDED
BY THE LENDER TO BORROWERS FROM TIME TO TIME OR IN SUCH OTHER FORM, INCLUDING
HARD COPY DELIVERY THEREOF, AS THE LENDER SHALL REQUIRE.
IN ADDITION, EACH
BORROWER AGREES TO CONTINUE TO PROVIDE THE COMMUNICATIONS TO THE LENDER IN THE
MANNER SPECIFIED IN THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT OR IN SUCH
OTHER FORM, INCLUDING HARD COPY DELIVERY THEREOF, AS THE LENDER SHALL REQUIRE.
NOTHING IN THIS SECTION 9.01 SHALL PREJUDICE THE RIGHT OF THE LENDER OR ANY
BORROWER TO GIVE ANY NOTICE OR OTHER COMMUNICATION PURSUANT TO THIS AGREEMENT OR
ANY OTHER TRANSACTION DOCUMENT IN ANY OTHER MANNER SPECIFIED IN THIS AGREEMENT
OR ANY OTHER TRANSACTION DOCUMENT OR AS ANY SUCH LENDER SHALL REQUIRE.
To the extent consented to by the Lender in writing from time to time, Lender
agrees that receipt of the Communications by the Lender at its e-mail
address(es) set forth above shall constitute effective delivery of the
Communications to the Lender for purposes of the Transaction Documents.
SECTION 9.02
Waivers; Amendment.
(A)
GENERALLY.
NO FAILURE OR DELAY BY THE LENDER IN EXERCISING ANY
RIGHT OR POWER HEREUNDER OR UNDER ANY OTHER TRANSACTION DOCUMENT SHALL OPERATE
AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT
OR POWER, OR ANY ABANDONMENT OR DISCONTINUANCE OF STEPS TO ENFORCE SUCH A RIGHT
OR POWER, PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY
OTHER RIGHT OR POWER.
THE RIGHTS AND REMEDIES OF THE LENDER HEREUNDER AND UNDER
THE OTHER TRANSACTION DOCUMENTS ARE CUMULATIVE AND ARE NOT EXCLUSIVE OF ANY
RIGHTS OR REMEDIES THAT THEY WOULD OTHERWISE HAVE.
NO WAIVER OF
47
ANY PROVISION OF ANY TRANSACTION DOCUMENT OR CONSENT TO ANY DEPARTURE BY ANY
BORROWER THEREFROM SHALL IN ANY EVENT BE EFFECTIVE UNLESS THE SAME SHALL BE
PERMITTED BY THIS SECTION 9.02, AND THEN SUCH WAIVER OR CONSENT SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE PURPOSE FOR WHICH GIVEN.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MAKING OF, OR DEEMED
MAKING OF, A LOAN SHALL NOT BE CONSTRUED AS A WAIVER OF ANY DEFAULT, REGARDLESS
OF WHETHER THE LENDER MAY HAVE HAD NOTICE OR KNOWLEDGE OF SUCH DEFAULT AT THE
TIME.
NO