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.
129
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 LOAN
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 SENIOR SECURED 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 SENIOR SECURED 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
THE ADMINISTRATIVE AGENT AND (II) THE BORROWER SHALL NOTIFY (WHICH MAY BE BY
FACSIMILE OR ELECTRONIC MAIL) THE ADMINISTRATIVE AGENT OF THE POSTING OF ANY
SUCH DOCUMENTS AND PROVIDE TO THE ADMINISTRATIVE AGENT BY ELECTRONIC MAIL
ELECTRONIC VERSIONS (I.E., SOFT COPIES) OF SUCH DOCUMENTS.
EACH LENDER SHALL BE
SOLELY RESPONSIBLE FOR TIMELY ACCESSING POSTED DOCUMENTS OR REQUESTING DELIVERY
OF PAPER COPIES OF SUCH DOCUMENTS FROM THE ADMINISTRATIVE AGENT AND MAINTAINING
ITS COPIES OF SUCH DOCUMENTS.
NOTHING IN THIS SECTION 13.17 SHALL PREJUDICE THE
RIGHT OF THE BORROWER, THE ADMINISTRATIVE AGENT, ANY OTHER AGENT OR ANY LENDER
TO GIVE ANY NOTICE OR OTHER COMMUNICATION PURSUANT TO ANY LOAN DOCUMENT IN ANY
OTHER MANNER SPECIFIED IN SUCH LOAN DOCUMENT.
The Administrative Agent agrees that the receipt of the Communications by the
Administrative Agent at its e-mail address set forth above shall constitute
effective delivery of the Communications to the Administrative Agent for
purposes of the Loan Documents.
Each Lender agrees that notice to it (as
provided in the next sentence) specifying that the Communications have been
posted to the Platform shall constitute effective delivery of the Communications
to such Lender for purposes of the Loan Documents.
Each Lender agrees (A) to
notify