(VIII) IN
CONNECTION WITH THE EXERCISE OF ANY REMEDY UNDER ANY LOAN DOCUMENT.
IN THE
EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SECTION 11.20 AND THOSE OF ANY
OTHER CONTRACTUAL OBLIGATION ENTERED INTO WITH ANY LOAN PARTY (WHETHER OR NOT A
LOAN DOCUMENT), THE TERMS OF THIS SECTION 11.20 SHALL GOVERN.
SECTION 11.21
PATRIOT ACT NOTICE.
EACH LENDER SUBJECT TO THE USA PATRIOT
ACT OF 2001 (31 U.S.C. 5318 ET SEQ.) HEREBY NOTIFIES THE BORROWER THAT, PURSUANT
TO SECTION 326 THEREOF, SUCH LENDER IS REQUIRED TO OBTAIN, VERIFY AND RECORD
INFORMATION THAT IDENTIFIES THE BORROWER, INCLUDING THE NAME AND ADDRESS OF THE
BORROWER AND OTHER INFORMATION ALLOWING SUCH LENDER TO IDENTIFY THE BORROWER IN
ACCORDANCE WITH SUCH ACT.
SECTION 11.22
MYACCOUNTSM.
IN CONSIDERATION OF BEING GIVEN ACCESS TO AND
THE RIGHT TO USE THE MYACCOUNT WEBSITE AND SERVICE OF THE ADMINISTRATIVE AGENT,
BORROWER AND
118
HOLDINGS HEREBY AGREE TO THE TERMS AND CONDITIONS SET FORTH ON ANNEX I HERETO,
AS SUCH MAY BE AMENDED BY THE ADMINISTRATIVE AGENT FROM TIME TO TIME BY POSTING
REVISED TERMS AND CONDITIONS ON THE MYACCOUNT WEBSITE.
IN THE EVENT BORROWER
ELECTS TO SUBMIT A BORROWING BASE CERTIFICATE TO THE ADMINISTRATIVE AGENT IN ANY
MANNER OTHER THAN THROUGH THE MYACCOUNT WEBSITE, THE ADMINISTRATIVE AGENT WILL
BE ENTITLED TO ASSESS A FEE EQUAL TO $100 FOR EACH SUCH SUBMISSION.
[Signature Pages Follow]
119
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective officers thereunto duly authorized, as of the date first
above written.
medquist transcriptions, ltd.
as Borrower
By:
/s/ Mark R. Sullivan
Name:
Mark R. Sullivan
Title:
General Counsel
medquist inc.
as Holdings
By:
/s/ Mark R. Sullivan
Name:
Mark R. Sullivan
Title:
General Counsel
General electric capital corporation
as the Administrative Agent, L/C
Issuer, Swingline Lender and Lender
By:
/s/ Dennis Cloud
Name: Dennis Cloud
Title: Duly Authorized Signatory
OTHER LENDERS:
CAPITALSOURCE BANK, as Lender
By:
/s/ Humberto Espada
Name: Humberto Espada
Title: Bank Officer
FIFTH THIRD BANK, as Lender
By:
/s/ Jeffery A. Thieman
Name:
Jeffery A. Thieman
Title: Vice President