INDIVIDUALLY TO ENFORCE OR SEEK TO
ENFORCE ANY SECURITY DOCUMENT OR TO REALIZE UPON ANY COLLATERAL SECURITY FOR THE
LOANS, IT BEING UNDERSTOOD AND AGREED THAT SUCH RIGHTS AND REMEDIES MAY BE
EXERCISED ONLY BY ADMINISTRATIVE AGENT.
75
(K)
DISSEMINATION OF INFORMATION.
ADMINISTRATIVE AGENT WILL USE ITS
BEST EFFORTS (EXCEPT WHERE OTHERWISE PROVIDED HEREIN) TO PROVIDE LENDERS WITH
ANY INFORMATION RECEIVED BY ADMINISTRATIVE AGENT FROM THE LOAN PARTIES WHICH IS
REQUIRED TO BE PROVIDED TO A LENDER HEREUNDER OR WHICH IS OTHERWISE REQUESTED BY
ANY LENDER, PROVIDED THAT ADMINISTRATIVE AGENT SHALL NOT BE LIABLE TO LENDERS
FOR ANY FAILURE TO DO SO, EXCEPT TO THE EXTENT THAT SUCH FAILURE IS ATTRIBUTABLE
TO ADMINISTRATIVE AGENT'S OR ITS REPRESENTATIVES' GROSS NEGLIGENCE, BAD FAITH OR
WILLFUL MISCONDUCT.
8.3
AMENDMENTS, CONSENTS AND WAIVERS FOR CERTAIN ACTIONS.
EXCEPT AS
OTHERWISE PROVIDED IN THIS AGREEMENT (INCLUDING THIS SUBSECTION 8.3 AND
SUBSECTION 9.2) OR IN THE POST-CLOSING LETTER, ANY ASSIGNMENT AND ASSUMPTION OR
ANY OTHER LOAN DOCUMENT, THE CONSENT OF REQUISITE LENDERS AND BORROWER WILL BE
REQUIRED TO AMEND, MODIFY, TERMINATE, OR WAIVE ANY PROVISION OF THIS AGREEMENT
OR ANY OF THE OTHER LOAN DOCUMENTS (OTHER THAN ANY SECURED HEDGE AGREEMENT,
WHICH MAY ONLY BE AMENDED, MODIFIED OR TERMINATED, OR ANY PROVISION THEREOF
WAIVED, IN ACCORDANCE WITH THE TERMS THEREOF).
8.4
DISBURSEMENT OF FUNDS.
ADMINISTRATIVE AGENT SHALL ADVISE EACH
LENDER BY TELEPHONE OR TELECOPY OF THE AMOUNT OF SUCH LENDER'S PRO RATA SHARE OF
ANY LOAN REQUESTED BY BORROWER NO LATER THAN 11:00 A.M. (DENVER, COLORADO TIME)
AT LEAST TWO (2) BUSINESS DAYS IMMEDIATELY PRECEDING THE FUNDING DATE APPLICABLE
THERETO (IN THE CASE OF LIBOR LOANS), OTHERWISE ON THE BUSINESS DAY IMMEDIATELY
PRECEDING THE FUNDING DATE APPLICABLE THERETO, AND EACH SUCH LENDER SHALL PAY
ADMINISTRATIVE AGENT SUCH LENDER'S PRO RATA SHARE OF SUCH REQUESTED LOAN, IN
SAME DAY FUNDS, BY WIRE TRANSFER TO ADMINISTRATIVE AGENT'S ACCOUNT BY NO LATER
THAN 1:00 P.M. (DENVER, COLORADO TIME) ON SUCH FUNDING DATE.
IF ANY LENDER
FAILS TO PAY THE AMOUNT OF ITS PRO RATA SHARE FORTHWITH UPON ADMINISTRATIVE
AGENT'S DEMAND, ADMINISTRATIVE AGENT SHALL PROMPTLY NOTIFY BORROWER, AND
ADMINISTRATIVE AGENT SHALL DISBURSE TO BORROWER, BY WIRE TRANSFER OF IMMEDIATELY
AVAILABLE FUNDS, THAT PORTION OF SUCH LOAN AS TO WHICH ADMINISTRATIVE AGENT HAS
RECEIVED FUNDS.
IN SUCH EVENT, ADMINISTRATIVE AGENT MAY, ON BEHALF OF ANY
LENDER NOT TIMELY PAYING ADMINISTRATIVE AGENT, DISBURSE FUNDS TO BORROWER FOR
LOANS REQUESTED, SUBJECT TO THE PROVISIONS OF SUBSECTION 8.5(B).
EACH SUCH
LENDER SHALL REIMBURSE ADMINISTRATIVE AGENT ON DEMAND FOR ALL FUNDS DISBURSED ON
ITS BEHALF BY ADMINISTRATIVE AGENT.
NOTHING IN THIS SUBSECTION 8.4 OR ELSEWHERE
IN THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, INCLUDING THE PROVISIONS OF
SUBSECTION 8.5, SHALL BE DEEMED TO REQUIRE ADMINISTRATIVE AGENT (OR ANY OTHER
LENDER) TO ADVANCE FUNDS ON BEHALF OF ANY LENDER OR TO RELIEVE ANY LENDER FROM
ITS OBLIGATION TO FULFILL ITS COMMITMENTS HEREUNDER OR TO PREJUDICE ANY RIGHTS
THAT ADMINISTRATIVE AGENT OR BORROWER MAY HAVE AGAINST ANY LENDER AS A RESULT OF
ANY DEFAULT BY SUCH LENDER