obtain, verify and record information that identifies the Borrower,
which information includes the name and address of the Borrower and other
information that will allow such Lender to identify the Borrower in accordance
with the Patriot Act.
13.18.
Electronic Communications.
(A)
(I)
NOTICES AND OTHER COMMUNICATIONS TO
THE LENDERS AND THE LETTER OF CREDIT ISSUER HEREUNDER MAY (SUBJECT TO
SECTION 13.2(B)) BE DELIVERED OR FURNISHED BY ELECTRONIC COMMUNICATION
(INCLUDING E-MAIL AND INTERNET OR INTRANET WEBSITES) PURSUANT TO PROCEDURES
APPROVED BY THE ADMINISTRATIVE AGENT; PROVIDED THAT THE FOREGOING SHALL NOT
APPLY TO NOTICES TO ANY LENDER OR THE LETTER OF CREDIT ISSUER PURSUANT TO
SECTION 2 IF SUCH LENDER OR THE LETTER OF CREDIT ISSUER, AS APPLICABLE, HAS
NOTIFIED THE ADMINISTRATIVE AGENT THAT IT IS INCAPABLE OF RECEIVING NOTICES
UNDER SUCH SECTION BY ELECTRONIC COMMUNICATION.
THE ADMINISTRATIVE AGENT OR THE
BORROWER MAY, IN ITS DISCRETION, AGREE TO ACCEPT NOTICES AND OTHER
COMMUNICATIONS TO IT HEREUNDER BY ELECTRONIC COMMUNICATIONS PURSUANT TO
PROCEDURES APPROVED BY IT (INCLUDING AS SET FORTH IN SECTION 13.2(B)); PROVIDED
THAT APPROVAL OF SUCH PROCEDURES MAY BE LIMITED TO PARTICULAR NOTICES OR
COMMUNICATIONS.
(ii)
Unless the Administrative Agent otherwise
prescribes, (A) notices and other communications sent to an e-mail address shall
be deemed received upon the sender's receipt of an acknowledgement from the
intended recipient (such as by the "return receipt requested" function, as
available, return e-mail or other written acknowledgement); provided that if
such notice or other communication is not sent during the normal business hours
of the recipient, such notice or communication shall be deemed to have been sent
at the opening of business on the next business day for the recipient, and
(B) notices or communications posted to an Internet or intranet website shall be
deemed received upon the deemed receipt by the intended recipient at its e-mail
address as described in the foregoing clause (A) of notification that such
notice or communication is available and identifying the website address
therefor.
(B)
POSTING.
(I)
EACH CREDIT PARTY HEREBY
AGREES THAT IT MAY PROVIDE TO THE ADMINISTRATIVE AGENT ALL INFORMATION,
DOCUMENTS AND OTHER MATERIALS THAT IT IS OBLIGATED TO FURNISH TO THE
ADMINISTRATIVE AGENT PURSUANT TO THIS AGREEMENT AND ANY OTHER CREDIT DOCUMENT,
INCLUDING ALL NOTICES, REQUESTS, FINANCIAL STATEMENTS, FINANCIAL AND OTHER
REPORTS, CERTIFICATES AND OTHER INFORMATION MATERIALS, BUT EXCLUDING ANY SUCH
COMMUNICATION THAT (A) RELATES TO A REQUEST FOR A NEW, OR A CONVERSION OF AN
EXISTING, LOAN OR OTHER EXTENSION OF CREDIT (INCLUDING ANY ELECTION OF AN
INTEREST RATE OR INTEREST PERIOD RELATING THERETO), (B) RELATES TO THE PAYMENT
OF ANY PRINCIPAL OR OTHER AMOUNT DUE UNDER THIS AGREEMENT PRIOR TO THE SCHEDULED
DATE THEREFOR, (C) PROVIDES NOTICE OF ANY DEFAULT UNDER THIS AGREEMENT OR (D) 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 ADMINISTRATIVE AGENT