non-appealable decision).
SECTION 8.09.
DELIVERY OF INFORMATION.
THE ADMINISTRATIVE AGENT SHALL NOT BE
REQUIRED TO DELIVER TO ANY LENDER ORIGINALS OR COPIES OF ANY DOCUMENTS,
INSTRUMENTS, NOTICES, COMMUNICATIONS OR OTHER INFORMATION RECEIVED BY THE
ADMINISTRATIVE AGENT FROM ANY LOAN PARTY, ANY SUBSIDIARY OF ANY LOAN PARTY, THE
MAJORITY LENDERS, ANY LENDER OR
9
ANY OTHER PERSON UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOAN
DOCUMENT EXCEPT (I) AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR ANY OTHER LOAN
DOCUMENT AND (II) AS SPECIFICALLY REQUESTED FROM TIME TO TIME IN WRITING BY ANY
LENDER WITH RESPECT TO A SPECIFIC DOCUMENT, INSTRUMENT, NOTICE OR OTHER WRITTEN
COMMUNICATION RECEIVED BY AND IN THE POSSESSION OF THE ADMINISTRATIVE AGENT AT
THE TIME OF RECEIPT OF SUCH REQUEST AND THEN ONLY IN ACCORDANCE WITH SUCH
SPECIFIC REQUEST.".
32.
Section 9.02(a) of the Credit Agreement is
hereby amended and restated in its entirety as follows and re-numbered as
Section 9.02:
"SECTION 9.02.
NOTICES, ETC.
ALL NOTICES AND OTHER COMMUNICATIONS PROVIDED FOR
HEREUNDER SHALL BE IN WRITING (INCLUDING TELEGRAPHIC OR TELECOPY COMMUNICATION)
AND MAILED, TELEGRAPHED, TELECOPIED OR DELIVERED, IF TO THE U.S. BORROWER, TO
ITS ADDRESS AT P.O. BOX 15600, 7140 OFFICE CIRCLE, EVANSVILLE, IN 47716, ATTN:
OFFICE OF GENERAL COUNSEL; IF TO THE CANADIAN BORROWER, ADDRESSED TO IT C/O THE
U.S. BORROWER AT THE U.S. BORROWER'S ADDRESS; IF TO ANY INITIAL LENDER OR THE
INITIAL ISSUING BANK, TO ITS DOMESTIC LENDING OFFICE SPECIFIED OPPOSITE ITS NAME
ON SCHEDULE I HERETO; IF TO ANY OTHER LENDER PARTY, TO ITS DOMESTIC LENDING
OFFICE SPECIFIED IN THE ASSIGNMENT AND ACCEPTANCE PURSUANT TO WHICH IT BECAME A
LENDER PARTY; AND IF TO THE ADMINISTRATIVE AGENT, TO ITS ADDRESS AT 60 WALL
STREET, AT DEUTSCHE BANK TRUST COMPANY AMERICAS, 60 WALL STREET, MS NYC60-0208,
NEW YORK, NEW YORK 10005, ATTENTION: OMAYRA LAUCELLA; OR, AS TO EITHER BORROWER
OR THE ADMINISTRATIVE AGENT, TO SUCH OTHER ADDRESS AS SHALL BE DESIGNATED BY
SUCH PARTY IN A WRITTEN NOTICE TO THE OTHER PARTIES AND, AS TO EACH OTHER PARTY,
AT SUCH OTHER ADDRESS AS SHALL BE DESIGNATED BY SUCH PARTY IN A WRITTEN NOTICE
TO THE U.S. BORROWER AND THE ADMINISTRATIVE AGENT PURSUANT TO THIS SECTION 9.02;
PROVIDED THAT MATERIALS REQUIRED TO BE DELIVERED PURSUANT TO SECTION 5.03(B),
(C) AND (I) SHALL BE DELIVERED TO THE ADMINISTRATIVE AGENT IN AN ELECTRONIC
MEDIUM IN A FORMAT REASONABLY ACCEPTABLE TO THE ADMINISTRATIVE AGENT.
ALL SUCH
NOTICES AND COMMUNICATIONS SHALL, WHEN MAILED, TELEGRAPHED, TELECOPIED OR
E-MAILED, BE EFFECTIVE WHEN DEPOSITED IN THE MAILS, DELIVERED TO THE TELEGRAPH
COMPANY, TRANSMITTED BY TELECOPIER OR CONFIRMED BY E-MAIL, RESPECTIVELY, EXCEPT
THAT NOTICES AND COMMUNICATIONS TO THE ADMINISTRATIVE AGENT PURSUANT TO SECTIONS
2.02, 2.03, 2.05, 2.06(A) AND 2.09(A) AND WITH RESPECT TO SELECTED INTEREST
PERIODS IN RESPECT OF EURODOLLAR RATE ADVANCES SHALL NOT BE EFFECTIVE UNTIL
RECEIVED BY THE ADMINISTRATIVE AGENT.
DELIVERY BY TELECOPIER OF AN EXECUTED
COUNTERPART OF ANY AMENDMENT OR WAIVER OF ANY PROVISION OF THIS AGREEMENT OR THE
NOTES OR OF ANY EXHIBIT HERETO TO