provided for hereunder.
ARTICLE IX
MISCELLANEOUS
SECTION 9.01.
NOTICES.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS
AGREEMENT (INCLUDING, WITHOUT LIMITATION, IN SECTIONS 5.04 AND 9.17), NOTICES
AND OTHER COMMUNICATIONS PROVIDED FOR HEREIN SHALL BE IN WRITING AND SHALL BE
DELIVERED BY HAND OR OVERNIGHT COURIER SERVICE, MAILED OR SENT BY FACSIMILE
TRANSMISSION AS FOLLOWS:
(A)
IF TO THE BORROWER, TO IT AT 151 DETROIT STREET, DENVER, CO 80206 ATTENTION
OF SENIOR VICE PRESIDENT AND TREASURER (FAX NO. (303) 316-5651); WITH A COPY TO
GENERAL COUNSEL (FAX NO. (303) 316-5728);
(B)
IF TO THE AGENT, TO IT AT CITIGROUP GLOBAL LOANS, 1615 BRETT ROAD, OPS 3,
NEW CASTLE, DE 19720, ATTENTION OF MARK ROSENTHAL (FAX NO. (212) 994-0961); AND
(C)
IF TO A LENDER, TO IT AT ITS ADDRESS (OR FAX NUMBER) SET FORTH IN ITS
ADMINISTRATIVE QUESTIONNAIRE.
All notices and other communications given to any party hereto in accordance
with the provisions of this Agreement shall be deemed to have been given on the
date of receipt if delivered by hand or overnight courier service or sent by
facsimile, or on the date five Business Days after dispatch by certified or
registered mail if mailed, in each case delivered, sent or mailed (properly
addressed) to such party as provided in this Section or
78
in accordance with the latest unrevoked direction from such party given in
accordance with this Section; provided that, unless otherwise specifically
provided in Article II, all notices given under Article II shall be delivered by
hand or overnight courier service or sent by facsimile.
SECTION 9.02.
SURVIVAL OF AGREEMENT.
ALL COVENANTS, AGREEMENTS,
REPRESENTATIONS AND WARRANTIES MADE BY THE BORROWER HEREIN AND IN THE
CERTIFICATES OR OTHER INSTRUMENTS PREPARED OR DELIVERED IN CONNECTION WITH OR
PURSUANT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT SHALL BE CONSIDERED TO
HAVE BEEN RELIED UPON BY THE LENDERS AND SHALL SURVIVE THE MAKING BY THE LENDERS
OF THE LOANS, REGARDLESS OF ANY INVESTIGATION MADE BY OR ON BEHALF OF THE AGENT
OR THE LENDERS, AND SHALL CONTINUE IN FULL FORCE AND EFFECT AS LONG AS THE
PRINCIPAL OF OR ANY ACCRUED INTEREST ON ANY LOAN OR ANY FEE OR ANY OTHER AMOUNT
PAYABLE UNDER THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT IS OUTSTANDING AND
UNPAID AND SO LONG AS THE COMMITMENTS HAVE NOT BEEN TERMINATED.
SECTION 9.03.
EFFECTIVENESS.
THIS AGREEMENT SHALL BECOME EFFECTIVE AS PROVIDED
IN THE AMENDMENT AGREEMENT.
DELIVERY OF AN EXECUTED SIGNATURE PAGE OF ANY LOAN
DOCUMENT BY FACSIMILE TRANSMISSION OR ELECTRONIC TRANSMISSION (PDF) SHALL BE
EFFECTIVE AS DELIVERY OF A MANUALLY EXECUTED COUNTERPART THEREOF.
SECTION 9.04.
SUCCESSORS AND ASSIGNS.
(A)
THE PROVISIONS OF THIS AGREEMENT
SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS PERMITTED HEREBY, EXCEPT THAT (I) THE BORROWER
MAY NOT ASSIGN OR OTHERWISE TRANSFER ANY OF ITS RIGHTS OR OBLIGATIONS HEREUNDER
WITHOUT THE PRIOR WRITTEN CONSENT OF THE AGENT AND EACH LENDER (AND ANY
ATTEMPTED ASSIGNMENT OR TRANSFER BY THE BORROWER WITHOUT