in the case of a Transferee at the end of the Transfer Deed to
which it is a party as Transferee) and shall be deemed to have been made or
delivered when despatched (in the case of any communication made by fax) or (in
the case of any communication made by letter) when left at the address or (as
the case may be) 5 Business Days after being deposited in the post postage
prepaid in an envelope addressed to it at that address provided that any
communication or document to be made or delivered to the Agents shall be
effective only when received by the Agents and then only if the same is
expressly marked for the attention of the department or officer identified with
the Agents' signature below (or such other department or officer as the relevant
Agent shall from time to time specify by not less than 10 Business Days' prior
written notice to the Company for this purpose).
40.3
USE OF WEBSITES/E-MAIL
(A)
AN OBLIGOR MAY (AND UPON REQUEST BY ANY OF THE AGENTS, SHALL)
SATISFY ITS OBLIGATIONS UNDER THIS AGREEMENT TO DELIVER ANY INFORMATION IN
RELATION TO THOSE LENDERS (THE "WEBSITE LENDERS") WHO HAVE NOT OBJECTED TO THE
DELIVERY OF INFORMATION ELECTRONICALLY BY POSTING THIS INFORMATION ONTO AN
ELECTRONIC WEBSITE DESIGNATED BY THE COMPANY AND THE FACILITY AGENT (THE
"DESIGNATED WEBSITE") OR BY E-MAILING SUCH INFORMATION TO THE AGENTS, IF:
(I)
THE AGENTS EXPRESSLY AGREE THAT THEY WILL ACCEPT COMMUNICATION
AND DELIVERY OF ANY DOCUMENTS REQUIRED TO BE DELIVERED PURSUANT TO THIS
AGREEMENT BY THIS METHOD;
(II)
IN THE CASE OF POSTING TO THE DESIGNATED WEBSITE, THE COMPANY AND
THE AGENTS ARE AWARE OF THE ADDRESS OF, AND ANY RELEVANT PASSWORD SPECIFICATIONS
FOR, THE DESIGNATED WEBSITE; AND
(III)
THE INFORMATION IS IN A FORMAT PREVIOUSLY AGREED BETWEEN THE
COMPANY AND EACH OF THE AGENTS.
(B)
IF ANY LENDER (A "PAPER FORM LENDER") OBJECTS TO THE DELIVERY OF
INFORMATION ELECTRONICALLY THEN THE AGENTS SHALL NOTIFY THE COMPANY ACCORDINGLY
AND THE COMPANY SHALL SUPPLY THE INFORMATION TO THE AGENTS (IN SUFFICIENT COPIES
FOR EACH PAPER FORM LENDER) IN PAPER FORM.
180
(C)
THE FACILITY AGENT SHALL SUPPLY EACH WEBSITE LENDER WITH THE
ADDRESS OF, AND ANY RELEVANT PASSWORD SPECIFICATIONS FOR, THE DESIGNATED WEBSITE
FOLLOWING DESIGNATION OF THAT WEBSITE BY THE COMPANY AND THE FACILITY AGENT.
(D)
ANY WEBSITE LENDER MAY REQUEST, THROUGH THE FACILITY AGENT, ONE
PAPER COPY OF ANY INFORMATION REQUIRED TO BE PROVIDED UNDER THIS AGREEMENT WHICH
IS POSTED ONTO THE DESIGNATED WEBSITE. THE COMPANY SHALL COMPLY WITH ANY SUCH
REQUEST WITHIN 10 BUSINESS DAYS.
(E)
SUBJECT TO THE OTHER PROVISIONS OF THIS CLAUSE 40.3, ANY OBLIGOR
MAY DISCHARGE ITS OBLIGATION TO SUPPLY MORE THAN ONE COPY OF A DOCUMENT UNDER
THIS AGREEMENT BY POSTING ONE COPY OF SUCH DOCUMENT TO THE DESIGNATED WEBSITE OR
E-MAILING ONE COPY OF SUCH DOCUMENT TO THE FACILITY AGENT.
(F)
FOR THE PURPOSES OF PARAGRAPH (A) ABOVE, THE AGENTS HEREBY
EXPRESSLY AGREE THAT:
(I)
THEY WILL ACCEPT DELIVERY OF