non-infringement of third party rights or freedom from
viruses or other code defects, is made by the Agent Bank or any of its
Affiliates in connection with the Platform.
B.
EACH LENDER AGREES THAT NOTICE TO IT (AS PROVIDED IN THE NEXT
SENTENCE) (A "NOTICE") SPECIFYING THAT ANY COMMUNICATION HAS BEEN POSTED TO THE
PLATFORM SHALL FOR PURPOSES OF THIS CREDIT AGREEMENT CONSTITUTE EFFECTIVE
DELIVERY TO SUCH LENDER OF SUCH INFORMATION, DOCUMENTS OR OTHER MATERIALS
COMPRISING SUCH COMMUNICATION.
EACH LENDER AGREES (I) TO NOTIFY, ON OR BEFORE
THE DATE SUCH LENDER BECOMES A PARTY TO THIS CREDIT AGREEMENT, THE AGENT BANK IN
WRITING OF SUCH LENDER'S E-MAIL ADDRESS TO WHICH A NOTICE MAY BE SENT (AND FROM
TIME TO TIME THEREAFTER TO ENSURE THAT THE AGENT BANK HAS ON RECORD AN EFFECTIVE
E-MAIL ADDRESS FOR SUCH LENDER) AND (II) THAT ANY NOTICE MAY BE SENT TO SUCH
E-MAIL ADDRESS.
C.
NOTWITHSTANDING THE FOREGOING, ANY COMMUNICATIONS MAY BE
PERSONALLY SERVED, FAXED OR SENT BY COURIER SERVICE OR UNITED STATES MAIL AND
SHALL BE DEEMED TO HAVE BEEN GIVEN WHEN DELIVERED IN PERSON OR BY COURIER
SERVICE, UPON RECEIPT OF A FACSIMILE (OR ON THE NEXT BANKING BUSINESS DAY IF
SUCH FACSIMILE IS RECEIVED ON A NON-BANKING BUSINESS DAY OR AFTER 5:00 P.M. ON A
BANKING BUSINESS DAY) OR FOUR (4) BANKING BUSINESS DAYS AFTER DEPOSIT IN THE
UNITED STATES MAIL (REGISTERED OR CERTIFIED, WITH POSTAGE PREPAID AND PROPERLY
ADDRESSED).
NOTICES TO AGENT BANK PURSUANT TO ARTICLES II SHALL NOT BE
EFFECTIVE UNTIL RECEIVED BY AGENT BANK.
D.
FOR THE PURPOSES HEREOF, THE ADDRESSES OF THE PARTIES HERETO
(UNTIL NOTICE OF A CHANGE THEREOF IS DELIVERED AS PROVIDED IN THIS SECTION
10.03) SHALL BE AS SET FORTH BELOW EACH PARTY'S NAME ON THE SIGNATURE PAGES
HEREOF, OR, AS TO EACH PARTY, AT SUCH OTHER ADDRESS AS MAY BE DESIGNATED BY SUCH
PARTY IN AN ASSIGNMENT AND ASSUMPTION AGREEMENT OR IN A WRITTEN NOTICE TO ALL OF
THE OTHER PARTIES.
ALL NON-ELECTRONIC DELIVERIES TO BE MADE TO AGENT BANK FOR
DISTRIBUTION TO THE LENDERS SHALL BE MADE TO AGENT BANK AT THE ADDRESSES
SPECIFIED FOR NOTICE ON THE SIGNATURE PAGE HERETO AND IN ADDITION, A SUFFICIENT
NUMBER OF COPIES OF EACH SUCH DELIVERY SHALL BE DELIVERED TO AGENT BANK FOR
DELIVERY TO EACH LENDER AT THE ADDRESS SPECIFIED FOR DELIVERIES ON THE SIGNATURE
PAGE HERETO OR SUCH OTHER ADDRESS AS MAY BE DESIGNATED BY AGENT BANK IN A
WRITTEN NOTICE.
160
SECTION 10.04.
MODIFICATION IN WRITING.
THIS CREDIT
AGREEMENT AND THE OTHER LOAN DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN
THE PARTIES AND SUPERSEDE ALL PRIOR AGREEMENTS WHETHER WRITTEN OR ORAL WITH
RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING, BUT NOT LIMITED TO, ANY TERM
SHEETS FURNISHED BY ANY OF THE BANKS TO BORROWERS.
NEITHER THIS CREDIT
AGREEMENT, NOR ANY OTHER LOAN DOCUMENTS, NOR ANY PROVISION HEREIN, OR THEREIN,
MAY BE CHANGED, WAIVED, DISCHARGED OR TERMINATED ORALLY, BUT ONLY BY AN
INSTRUMENT IN WRITING SIGNED BY THE PARTY AGAINST WHOM ENFORCEMENT OF THE