BE
DEEMED TO HAVE BEEN RECEIVED (I) IF DELIVERED BY HAND, UPON PERSONAL DELIVERY,
(II) IF DELIVERED BY OVERNIGHT COURIER SERVICE, 1 BUSINESS DAY AFTER DELIVERY TO
SUCH COURIER SERVICE PROPERLY ADDRESSED, (III) IF DELIVERED BY MAIL, 4 BUSINESS
DAYS AFTER DEPOSIT IN THE MAIL WITH PROPER POSTAGE, (IV) IF DELIVERED BY
FACSIMILE (OTHER THAN TO POST TO AN E-SYSTEM PURSUANT TO CLAUSE (A)(III) ABOVE),
UPON SENDER'S RECEIPT OF CONFIRMATION OF PROPER TRANSMISSION, AND (V) IF
DELIVERED BY POSTING TO ANY E-SYSTEM, ON THE LATER OF THE DATE OF SUCH POSTING
AND THE DATE ACCESS TO SUCH POSTING IS GIVEN TO THE RECIPIENT THEREOF IN
ACCORDANCE WITH THE STANDARD PROCEDURES APPLICABLE TO SUCH E-SYSTEM; PROVIDED,
HOWEVER, THAT NO COMMUNICATIONS TO AGENT PURSUANT TO ARTICLE I SHALL BE
EFFECTIVE UNTIL RECEIVED BY AGENT.
(C)
EACH LENDER SHALL NOTIFY AGENT IN WRITING
OF ANY CHANGES IN THE ADDRESS TO WHICH NOTICES TO SUCH LENDER SHOULD BE
DIRECTED, OF ADDRESSES OF ITS LENDING OFFICE, OF PAYMENT INSTRUCTIONS IN RESPECT
OF ALL PAYMENTS TO BE MADE TO IT HEREUNDER AND OF SUCH OTHER ADMINISTRATIVE
INFORMATION AS AGENT SHALL REASONABLY REQUEST.
9.4
ELECTRONIC TRANSMISSIONS.
(A)
AUTHORIZATION.
SUBJECT TO THE PROVISIONS
OF SECTION 9.3(A), EACH OF CO-ADMINISTRATIVE AGENTS, LENDERS, EACH CREDIT PARTY
AND EACH OF THEIR OFFICERS, DIRECTORS AND AGENTS, IS AUTHORIZED (BUT NOT
REQUIRED) TO TRANSMIT, POST OR OTHERWISE MAKE OR COMMUNICATE, IN ITS SOLE
DISCRETION, ELECTRONIC TRANSMISSIONS IN CONNECTION WITH ANY LOAN DOCUMENT AND
THE TRANSACTIONS CONTEMPLATED THEREIN.
EACH CREDIT PARTY AND EACH SECURED PARTY
HERETO ACKNOWLEDGES AND AGREES THAT THE USE OF ELECTRONIC TRANSMISSIONS IS NOT
NECESSARILY SECURE AND THAT THERE ARE RISKS ASSOCIATED WITH SUCH USE, INCLUDING
RISKS OF INTERCEPTION, DISCLOSURE AND ABUSE
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AND EACH INDICATES IT ASSUMES AND ACCEPTS SUCH RISKS BY HEREBY AUTHORIZING THE
TRANSMISSION OF ELECTRONIC TRANSMISSIONS.
(B)
SIGNATURES.
SUBJECT TO THE PROVISIONS OF
SECTION 9.3(A), (I)(A) NO POSTING TO ANY E-SYSTEM SHALL BE DENIED LEGAL EFFECT
MERELY BECAUSE IT IS MADE ELECTRONICALLY, (B) EACH E SIGNATURE ON ANY SUCH
POSTING SHALL BE DEEMED SUFFICIENT TO SATISFY ANY REQUIREMENT FOR A "SIGNATURE"
AND (C) EACH SUCH POSTING SHALL BE DEEMED SUFFICIENT TO SATISFY ANY REQUIREMENT
FOR A "WRITING", IN EACH CASE INCLUDING PURSUANT TO ANY LOAN DOCUMENT, ANY
APPLICABLE PROVISION OF ANY UCC, THE FEDERAL UNIFORM ELECTRONIC TRANSACTIONS
ACT, THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT AND ANY
SUBSTANTIVE OR PROCEDURAL REQUIREMENT OF LAW GOVERNING SUCH SUBJECT MATTER,
(II) EACH SUCH POSTING THAT IS NOT READILY CAPABLE OF BEARING EITHER A SIGNATURE
OR A REPRODUCTION OF A SIGNATURE MAY BE SIGNED, AND SHALL BE DEEMED SIGNED, BY
ATTACHING TO, OR LOGICALLY ASSOCIATING WITH SUCH POSTING, AN E-SIGNATURE, UPON
WHICH EACH SECURED PARTY AND EACH CREDIT PARTY MAY RELY AND ASSUME THE
AUTHENTICITY THEREOF, (III) EACH SUCH POSTING CONTAINING A SIGNATURE, A
REPRODUCTION OF A SIGNATURE OR AN E-SIGNATURE SHALL, FOR ALL INTENTS AND
PURPOSES, HAVE THE SAME EFFECT AND WEIGHT AS A SIGNED PAPER ORIGINAL AND
(IV) EACH PARTY HERETO OR BENEFICIARY HERETO AGREES NOT