THE AGENTS 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 EACH OF THE AGENTS.
(B)
IF ANY LENDER (A "PAPER FORM LENDER")
OBJECTS TO THE DELIVERY OF INFORMATION ELECTRONICALLY THEN THE AGENTS SHALL
NOTIFY THE COMPANY ACCORDINGLY AND THE COMPANY SHALL SUPPLY THE INFORMATION TO
THE AGENTS (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 FOLLOWING DESIGNATION OF THAT WEBSITE BY THE COMPANY
AND THE FACILITY AGENT.
(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 10 BUSINESS DAYS.
(E)
SUBJECT TO THE OTHER PROVISIONS OF THIS
CLAUSE 40.3, ANY OBLIGOR MAY DISCHARGE ITS OBLIGATION TO SUPPLY MORE THAN ONE
COPY OF A DOCUMENT UNDER THIS AGREEMENT BY POSTING ONE COPY OF SUCH DOCUMENT TO
THE DESIGNATED WEBSITE OR E-MAILING ONE COPY OF SUCH DOCUMENT TO THE FACILITY
AGENT.
(F)
FOR THE PURPOSES OF PARAGRAPH (A) ABOVE,
THE AGENTS HEREBY EXPRESSLY AGREE THAT:
(I)
THEY WILL ACCEPT DELIVERY OF DOCUMENTS REQUIRED TO BE DELIVERED
UNDER CLAUSE 22 (FINANCIAL INFORMATION) BY THE POSTING OF SUCH DOCUMENTS TO THE
DESIGNATED WEBSITE OR BY EMAIL DELIVERY TO THE AGENTS; AND
(II)
THEY HAVE AGREED TO THE FORMAT OF THE INFORMATION REQUIRED TO BE
DELIVERED UNDER CLAUSE 22 (FINANCIAL INFORMATION).
40.4
PUBLIC INFORMATION
(A)
THE COMPANY HEREBY ACKNOWLEDGES THAT CERTAIN OF THE LENDERS MAY BE
"PUBLIC-SIDE" LENDERS (I.E., LENDERS THAT DO NOT WISH TO RECEIVE MATERIAL
NON-PUBLIC INFORMATION WITH RESPECT TO THE COMPANY, THE GROUP AND/OR ITS
BUSINESS) (EACH, A "PUBLIC LENDER").
(b)
The Company hereby agrees that if and for so long as any member of
the Group is the issuer of any outstanding debt or equity securities that are
registered or issued pursuant to a private offering or is actively contemplating
issuing any such securities it will use commercially reasonable efforts to
identify that portion of any materials and/or information provided by or on
behalf of the Company hereunder (collectively, "Company Materials") that may be
distributed to the Public Lenders and that:
202
(I)
ALL SUCH COMPANY MATERIALS SHALL BE CLEARLY AND CONSPICUOUSLY
MARKED "PUBLIC" WHICH, AT A MINIMUM, SHALL MEAN THAT THE WORD "PUBLIC" SHALL
APPEAR PROMINENTLY ON THE FIRST PAGE THEREOF;
(II)
BY MARKING COMPANY MATERIALS "PUBLIC," THE COMPANY SHALL BE
DEEMED TO HAVE AUTHORIZED THE AGENTS AND THE LENDERS TO TREAT SUCH COMPANY
MATERIALS AS NOT CONTAINING ANY MATERIAL NON-PUBLIC INFORMATION (ALTHOUGH IT MAY
BE SENSITIVE AND PROPRIETARY) WITH RESPECT TO THE COMPANY, THE GROUP AND/OR ITS
BUSINESS FOR PURPOSES OF UNITED STATES FEDERAL AND STATE SECURITIES LAWS;
(III)
ALL COMPANY MATERIALS MARKED "PUBLIC" SHALL BE MADE AVAILABLE ON
THE DESIGNATED WEBSITE