IN ENGLISH.
(B)
ALL OTHER DOCUMENTS REQUIRED TO BE
PROVIDED UNDER OR IN CONNECTION WITH ANY FINANCE DOCUMENT MUST BE:
(I)
IN ENGLISH; OR
(II)
IF NOT IN ENGLISH, AND IF SO REQUIRED BY THE FACILITY
AGENT, ACCOMPANIED BY A CERTIFIED ENGLISH TRANSLATION AND, IN THIS CASE, THE
ENGLISH TRANSLATION WILL PREVAIL UNLESS THE DOCUMENT IS A CONSTITUTIONAL,
STATUTORY OR OTHER OFFICIAL DOCUMENT.
34.7
Use of Websites
(A)
A PARTY (OTHER THAN A FINANCE PARTY)
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 COMPANY AND THE FACILITY AGENT (THE "DESIGNATED WEBSITE") IF:
(I)
THE FACILITY AGENT EXPRESSLY AGREES (AFTER
CONSULTATION WITH EACH OF THE LENDERS) THAT IT WILL ACCEPT COMMUNICATION OF THE
INFORMATION BY THIS METHOD;
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(II)
BOTH THE COMPANY 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 COMPANY AND THE FACILITY AGENT.
If any Lender (a "Paper Form Lender") does not agree to the delivery of
information electronically then the Facility Agent shall notify the Company
accordingly and the Company shall supply the information to the Facility Agent
(in sufficient copies for each Paper Form Lender) in paper form.
In any event
the Company shall supply the Facility Agent with at least one copy in paper form
of any information required to be provided by it.
(B)
THE FACILITY 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 COMPANY AND
THE FACILITY AGENT.
(C)
THE COMPANY SHALL PROMPTLY UPON
BECOMING AWARE OF ITS OCCURRENCE NOTIFY THE FACILITY AGENT IF:
(I)
THE DESIGNATED WEBSITE CANNOT BE ACCESSED DUE TO
TECHNICAL FAILURE;
(II)
THE PASSWORD SPECIFICATIONS FOR THE DESIGNATED WEBSITE
CHANGE;
(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 COMPANY 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 Company notifies the Facility Agent under sub-paragraphs (c)(i) or (c)(v)
above, all information to be provided by the Company under this Agreement after
the date of that notice shall be supplied in paper form unless and until the
Facility 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 FACILITY AGENT, ONE PAPER COPY OF ANY INFORMATION REQUIRED TO BE PROVIDED
UNDER THIS AGREEMENT WHICH IS POSTED ONTO THE DESIGNATED WEBSITE. THE COMPANY
SHALL COMPLY WITH ANY SUCH REQUEST WITHIN TEN BUSINESS DAYS.