the Administrative Agent in writing (including by electronic
communication) from time to time of such Lender's e-mail address to which the
foregoing notice may be sent by electronic transmission and (B) that the
foregoing notice may be sent to such e-mail address.
(B)
THE BORROWER FURTHER AGREES THAT ANY AGENT
MAY MAKE THE COMMUNICATIONS AVAILABLE TO THE LENDERS BY POSTING THE
COMMUNICATIONS ON INTRALINKS OR A SUBSTANTIALLY SIMILAR ELECTRONIC TRANSMISSION
SYSTEM (THE "PLATFORM"), SO LONG AS THE ACCESS TO SUCH PLATFORM (I) IS LIMITED
TO THE AGENTS, THE LENDERS AND TRANSFEREES OR PROSPECTIVE TRANSFEREES AND
(II) REMAINS SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS SET FORTH IN
SECTION 13.16.
(C)
THE PLATFORM IS PROVIDED "AS IS" AND "AS
AVAILABLE."
THE AGENT PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY
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OR COMPLETENESS OF THE BORROWER MATERIALS OR THE ADEQUACY OF THE PLATFORM, AND
EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM THE BORROWER
MATERIALS.
NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE
DEFECTS, IS MADE BY ANY AGENT PARTY IN CONNECTION WITH THE BORROWER MATERIALS OR
THE PLATFORM.
IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS RELATED
PARTIES (COLLECTIVELY, THE "AGENT PARTIES" AND EACH AN "AGENT PARTY") HAVE ANY
LIABILITY TO THE BORROWER, ANY LENDER, OR ANY OTHER PERSON FOR LOSSES, CLAIMS,
DAMAGES, LIABILITIES OR EXPENSES OF ANY KIND (WHETHER IN TORT, CONTRACT OR
OTHERWISE) ARISING OUT OF THE BORROWER'S OR THE ADMINISTRATIVE AGENT'S
TRANSMISSION OF BORROWER MATERIALS THROUGH THE INTERNET, EXCEPT TO THE EXTENT
THE LIABILITY OF ANY AGENT PARTY RESULTED FROM SUCH AGENT PARTY'S (OR ANY OF ITS
RELATED PARTIES' (OTHER THAN ANY TRUSTEE OR ADVISOR)) GROSS NEGLIGENCE, BAD
FAITH OR WILLFUL MISCONDUCT OR MATERIAL BREACH OF THE LOAN DOCUMENTS.
(D)
THE BORROWER AND EACH LENDER ACKNOWLEDGE
THAT CERTAIN OF THE LENDERS MAY BE "PUBLIC-SIDE" LENDERS (LENDERS THAT DO NOT
WISH TO RECEIVE MATERIAL NON-PUBLIC INFORMATION WITH RESPECT TO THE BORROWER,
ITS SUBSIDIARIES OR THEIR SECURITIES) AND, IF DOCUMENTS OR NOTICES REQUIRED TO
BE DELIVERED PURSUANT TO THE LOAN DOCUMENTS OR OTHERWISE ARE BEING DISTRIBUTED
THROUGH THE PLATFORM, ANY DOCUMENT OR NOTICE THAT THE BORROWER HAS INDICATED
CONTAINS ONLY PUBLICLY AVAILABLE INFORMATION WITH RESPECT TO THE BORROWER MAY BE
POSTED ON THAT PORTION OF THE PLATFORM DESIGNATED FOR SUCH PUBLIC-SIDE LENDERS.
IF THE BORROWER HAS NOT INDICATED WHETHER A DOCUMENT OR NOTICE DELIVERED
CONTAINS ONLY PUBLICLY AVAILABLE INFORMATION, THE ADMINISTRATIVE AGENT SHALL
POST SUCH DOCUMENT OR NOTICE SOLELY ON THAT PORTION OF THE PLATFORM DESIGNATED
FOR LENDERS WHO WISH TO RECEIVE MATERIAL NONPUBLIC INFORMATION WITH RESPECT TO
THE BORROWER, ITS SUBSIDIARIES AND THEIR SECURITIES.
NOTWITHSTANDING THE
FOREGOING, THE BORROWER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO INDICATE
WHETHER ANY DOCUMENT OR NOTICE CONTAINS ONLY PUBLICLY AVAILABLE INFORMATION.
13.18.
USA PATRIOT Act.
Each Lender hereby notifies the
Borrower that pursuant to the requirements of the USA Patriot Act (Title III of
Pub. L.