ADMINISTRATION, SERVICING AND REPORTING ON THE ASSETS SERVING AS COLLATERAL FOR
A SECURITIZATION AND WHO AGREES TO TREAT SUCH INFORMATION AS CONFIDENTIAL AND
(D) TO A NATIONALLY RECOGNIZED RATINGS AGENCY THAT REQUIRES ACCESS TO
INFORMATION REGARDING THE CREDIT PARTIES, THE LOANS AND CREDIT DOCUMENTS IN
CONNECTION WITH RATINGS ISSUED WITH RESPECT TO A SECURITIZATION; PROVIDED THAT
UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE LAW OR COURT ORDER, EACH LENDER,
THE ADMINISTRATIVE AGENT AND EACH OTHER AGENT SHALL USE COMMERCIALLY REASONABLE
EFFORTS TO NOTIFY THE BORROWER OF ANY REQUEST MADE TO SUCH LENDER, THE
ADMINISTRATIVE AGENT OR SUCH OTHER AGENT BY ANY GOVERNMENTAL, REGULATORY OR SELF
REGULATORY AGENCY OR REPRESENTATIVE THEREOF (OTHER THAN ANY SUCH REQUEST IN
CONNECTION WITH AN EXAMINATION OF THE FINANCIAL CONDITION OF SUCH LENDER BY SUCH
AGENCY) FOR DISCLOSURE OF ANY SUCH NON-PUBLIC INFORMATION PRIOR TO DISCLOSURE OF
SUCH INFORMATION, AND PROVIDED FURTHER THAT IN NO EVENT SHALL ANY LENDER, THE
ADMINISTRATIVE AGENT OR ANY OTHER AGENT BE OBLIGATED OR REQUIRED TO RETURN ANY
MATERIALS FURNISHED BY THE BORROWER OR ANY SUBSIDIARY. EACH LENDER, THE
ADMINISTRATIVE AGENT AND EACH OTHER AGENT AGREES THAT IT WILL NOT PROVIDE TO
PROSPECTIVE TRANSFEREES OR TO ANY PLEDGEE REFERRED TO IN SECTION 13.6 OR TO
PROSPECTIVE DIRECT OR INDIRECT CONTRACTUAL COUNTERPARTIES IN SWAP AGREEMENTS TO
BE ENTERED INTO IN CONNECTION WITH LOANS MADE HEREUNDER ANY OF THE CONFIDENTIAL
INFORMATION UNLESS SUCH PERSON IS ADVISED OF AND AGREES TO BE BOUND BY THE
PROVISIONS OF THIS SECTION 13.16 OR CONFIDENTIALITY PROVISIONS AT LEAST AS
RESTRICTIVE AS THOSE SET FORTH IN THIS SECTION 13.16.
13.17.
DIRECT WEBSITE COMMUNICATIONS.
(A)
THE BORROWER MAY, AT ITS OPTION, PROVIDE TO THE ADMINISTRATIVE
AGENT ANY INFORMATION, DOCUMENTS AND OTHER MATERIALS THAT IT IS OBLIGATED TO
FURNISH TO THE ADMINISTRATIVE AGENT PURSUANT TO THE CREDIT DOCUMENTS, INCLUDING,
WITHOUT LIMITATION, 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, BORROWING 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 THE CREDIT AGREEMENT PRIOR TO
THE SCHEDULED DATE THEREFOR, (C) PROVIDES NOTICE OF ANY DEFAULT OR EVENT OF
DEFAULT UNDER THIS AGREEMENT OR (D) IS REQUIRED TO BE DELIVERED TO SATISFY ANY
CONDITION PRECEDENT TO THE EFFECTIVENESS OF THE CREDIT AGREEMENT AND/OR ANY
BORROWING OR OTHER EXTENSION OF CREDIT THEREUNDER (ALL SUCH NON-EXCLUDED
COMMUNICATIONS BEING REFERRED TO HEREIN COLLECTIVELY AS "COMMUNICATIONS"), BY
TRANSMITTING THE COMMUNICATIONS IN AN ELECTRONIC/SOFT MEDIUM IN A FORMAT
REASONABLY ACCEPTABLE TO THE ADMINISTRATIVE AGENT TO THE ADMINISTRATIVE AGENT AT
AN EMAIL ADDRESS PROVIDED BY THE ADMINISTRATIVE AGENT FROM TIME TO TIME;
PROVIDED THAT (I) UPON WRITTEN REQUEST BY THE ADMINISTRATIVE AGENT, THE BORROWER
SHALL DELIVER PAPER COPIES OF SUCH DOCUMENTS TO THE ADMINISTRATIVE AGENT FOR
FURTHER DISTRIBUTION TO EACH LENDER UNTIL A WRITTEN REQUEST TO CEASE DELIVERING
PAPER COPIES IS GIVEN BY