INDIRECTLY REQUIRE THE TRUSTEE TO
DO SO, (G) FOLLOWING THE OCCURRENCE AND DURING THE CONTINUATION OF A MANDATORY
CP WIND-DOWN EVENT, INCREASE THE SERIES 2002-1 MAXIMUM INVESTED AMOUNT, OR
(H) EFFECT ANY AMENDMENT THAT WOULD CAUSE OR PERMIT THE SERIES 2002-1 TARGET
LOAN AMOUNT TO EXCEED THE SERIES 2002-1 ALLOCATED LOAN AMOUNT; AND PROVIDED,
FURTHER, THAT THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED PRIOR NOTICE THEREOF
TOGETHER WITH COPIES OF ANY DOCUMENTATION RELATED THERETO.
ANY AMENDMENT,
WAIVER, SUPPLEMENT OR RESTATEMENT OF A PROVISION OF A TRANSACTION DOCUMENT
(INCLUDING ANY EXHIBIT THERETO) OF THE TYPE DESCRIBED IN CLAUSES (A), (B), (C),
(D), (E), (F), (G) OR (H) ABOVE SHALL REQUIRE THE WRITTEN CONSENT OF THE
ADMINISTRATIVE AGENT ACTING AT THE DIRECTION OF THE REQUIRED LENDERS.
(L)
GRANT ANY POWERS OF ATTORNEY TO ANY PERSON FOR ANY PURPOSES EXCEPT WHERE
PERMITTED BY THE LOAN DOCUMENTS.
(M)
INCREASE THE SERIES 2002-1 INVESTED AMOUNT DURING ANY PAYMENT PERIOD.
(N)
TAKE ANY ACTION WHICH WOULD PERMIT THE SERVICER TO HAVE THE RIGHT TO REFUSE
TO PERFORM ANY OF ITS RESPECTIVE OBLIGATIONS UNDER THE SERVICING AGREEMENT.
(O)
ENTER INTO ANY HEDGE AGREEMENT OTHER THAN HEDGE AGREEMENTS ENTERED INTO IN
THE ORDINARY COURSE OF BUSINESS TO HEDGE OR MITIGATE RISKS DIRECTLY ARISING FROM
ITS BORROWINGS UNDER THIS AGREEMENT OR OTHER PARI PASSU INDEBTEDNESS.
42
5.3
USE OF WEBSITES.
(A)
THE BORROWER MAY SATISFY ITS OBLIGATION TO DELIVER ANY PUBLIC INFORMATION
TO THE LENDERS BY POSTING THIS INFORMATION ONTO AN ELECTRONIC WEBSITE DESIGNATED
BY THE BORROWER AND THE ADMINISTRATIVE AGENT (THE "DESIGNATED WEBSITE") BY
NOTIFYING THE ADMINISTRATIVE AGENT (I) OF THE ADDRESS OF THE WEBSITE TOGETHER
WITH ANY RELEVANT PASSWORD SPECIFICATIONS AND (II) THAT SUCH INFORMATION HAS
BEEN POSTED ON THE WEBSITE; PROVIDED, THAT IN ANY EVENT THE BORROWER SHALL
SUPPLY THE ADMINISTRATIVE AGENT WITH ONE COPY IN PAPER FORM OF ANY INFORMATION
WHICH IS POSTED ONTO THE WEBSITE.
(B)
THE ADMINISTRATIVE AGENT SHALL SUPPLY EACH LENDER WITH THE ADDRESS OF AND
ANY RELEVANT PASSWORD SPECIFICATIONS FOR THE DESIGNATED WEBSITE FOLLOWING
DESIGNATION OF THAT WEBSITE BY THE BORROWER AND THE ADMINISTRATIVE AGENT.
(C)
THE BORROWER SHALL PROMPTLY UPON BECOMING AWARE OF ITS OCCURRENCE NOTIFY
THE ADMINISTRATIVE 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 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 Administrative Agent under Section 5.3(c)(i) or
Section 5.3(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 Administrative Agent is satisfied that the circumstances
giving rise to the