Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if: (i) the Facility Agent and the Lender agree; (ii) the Company and the Facility Agent designate an electronic website for this purpose; (iii) the Company notifies the Facility Agent of the address of and password for the website; and (iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website. (b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for: (i) any Lender not agreeing to receive information via the website; and (ii) within 10 Business Days of request any other Lender, if that Lender so requests. (c) The Company must, promptly upon becoming aware of its occurrence, notify the Facility Agent if: (i) the website cannot be accessed; (ii) the website or any information on the website is infected by any electronic virus or similar software; (iii) the password for the website is changed; or (iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 6 contracts
Sources: Facility Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc), Credit Facility Agreement (PPG Industries Inc)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 6 contracts
Sources: Credit Facility Agreement (PPL Corp), Credit Facility Agreement (PPL Corp), Credit Facility Agreement (Valentia Telecommunications)
Use of websites. (a) Except as provided below, the Company Each Obligor may deliver any information satisfy its obligation under this Agreement to a Lender deliver any information in relation to the Lenders by posting it on to this information onto an electronic website designated by the Obligors and the Agent (the “Designated Website”) if:
(i) both the Facility Agent Obligors and the Lender agree;Agent are aware of the address of and any relevant password specifications for the Designated Website; and
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format previously agreed between the Company Obligors and the Facility Agent. .
(b) The Facility Agent must shall supply each relevant Lender with the address of and any relevant password specifications for the website.
(b) Notwithstanding Designated Website following designation of that website by the above, Obligors and the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requestsAgent.
(c) The Company must, an Obligor shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(i) the website Designated Website cannot be accessedaccessed due to technical failure;
(ii) the website password specifications for the Designated Website change;
(iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(v) it becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;
. If and Obligor notifies the Agent under paragraph (iiic)(i) the password for the website is changed; or
or paragraph (ivc)(v) any above, all information to be supplied provided by the Obligors under this Agreement is posted on after the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement date of that notice shall be supplied in paper form unless and until the Facility Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.
(d) Any Lender may request, through the Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Obligors shall comply with any such request within ten (10) Business Days.
Appears in 5 contracts
Sources: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company must, Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. .
(D) If the circumstances in sub-paragraphs paragraph (iC)(i) or (iiC)(ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 3 contracts
Sources: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must supply to the Facility Agent within 10 Business Days of request, in paper form a copy of any information posted on the website together with sufficient copies for:
(i) for any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(cC) The Company Each Obligor must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this the Facility Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs paragraph (iC)(i) or (ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and Agent, in consultation with the Lender agreeLenders, agrees;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The the Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs paragraph (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 3 contracts
Sources: Credit Facilities Agreement (Liberty Global, Inc.), Credit Facilities Agreement (Liberty Global, Inc.), Credit Facilities Agreement (Liberty Global, Inc.)
Use of websites. (a) Except as provided below, the The Company may deliver any information satisfy its obligations under this Agreement to a Lender deliver any information by posting it on to this information onto an electronic website designated by the Company and the Agent (the "Designated Website") if:
(i) the Facility Agent and expressly agrees (after consultation with each of the Lender agreeLenders) that it will accept communication of the information by this method;
(ii) both the Company and the Facility Agent designate an electronic website are aware of the address of and any relevant password specifications for this purpose;the Designated Website; and
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format previously agreed between the Company and the Facility Agent. .
(b) The Facility Agent must shall supply each relevant Lender with the address of and any relevant password specifications for the website.
(b) Notwithstanding the above, Designated Website following designation of that website by the Company must supply to and the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requestsAgent.
(c) The Company must, shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(i) the website Designated Website cannot be accessedaccessed due to technical failure;
(ii) the website password specifications for the Designated Website change;
(iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(v) the Company becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;.
(iiid) If the password for Company notifies the website is changed; or
Agent under paragraph (ivc)(i) any or paragraph (c)(v) above, all information to be supplied provided by the Company under this Agreement is posted on after the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement date of that notice shall be supplied in paper form unless and until the Facility Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 3 contracts
Sources: Senior Facilities Agreement (Atlas Investissement), Senior Facilities Agreement (Atlas Investissement), Senior Facilities Agreement (Atlas Investissement)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs subparagraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 3 contracts
Sources: Revolving Credit Facility (Sara Lee Corp), Revolving Credit Facility (D.E Master Blenders 1753 B.V.), Credit Facilities Agreement (Viasystems Inc)
Use of websites. (a) Except as provided below, the Company Parent may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Majority Lenders agree;
(ii) the Company Parent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Parent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Parent and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Parent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 five Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Parent must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company Parent must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 3 contracts
Sources: Senior Credit Facility (Smurfit Kappa Funding PLC), Senior Credit Facility Agreement (JSG Funding PLC), Senior Credit Facility (Smurfit Kappa Acquisitions)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request by any other Lender, if that Lender so requests.
(c) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 3 contracts
Sources: Facilities Agreement (Mittal Steel Co N.V.), Facilities Agreement (Mittal Steel Co N.V.), Bridge Facility Agreement (Mittal Steel Co N.V.)
Use of websites. (a) Except as provided below, the The Company may deliver any information satisfy its obligation under this Agreement to a Lender deliver any information by posting it on to such information onto an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) designated by the Company and the Facility Agent designate an electronic website for this purpose;(a “Designated Website”).
(iiib) the Company notifies the The Facility Agent of must supply each Lender with the address of and any relevant password specifications for the website; and
(iv) the information posted is in a format agreed between Designated Website following designation of that website by the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, must promptly upon on becoming aware of its occurrence, occurrence notify the Facility Agent if:
(i) the website Designated Website cannot be accessedaccessed due to technical failure;
(ii) the website password specifications for the Designated Website change;
(iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(v) the Company becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;.
(iiid) If the password for Company notifies the website is changed; or
Facility Agent under paragraph (ivc)(i) any or paragraph (c)(v) above, all information to be supplied provided by the Company under this Agreement is posted on after the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company date of that notice must supply any information required under this Agreement be supplied in paper or alternative electronic form unless and until the Facility Agent (acting reasonably) is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company Original Borrower must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company must, Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. .
(D) If the circumstances in sub-paragraphs paragraph (iC)(i) or (iiC)(ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 3 contracts
Sources: Loan Agreement (Kosmos Energy Ltd.), Loan Agreement (Kosmos Energy Ltd.), Deed of Amendment and Restatement (Kosmos Energy Ltd.)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Borrower shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(i) the electronic website designated by the Borrower and the Facility Agent (the “Designated Website”) cannot be accessedaccessed due to technical failure;
(ii) the website password specifications for the Designated Website come into existence or change;
(iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(v) the Borrower becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;
. If the Borrower notifies the Facility Agent under paragraph (iiia)(i) the password for the website is changed; or
or paragraph (iva)(v) any above, all information to be supplied provided by the Borrower under this Agreement is posted on after the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement date of that notice shall be supplied in paper form unless and until the Facility Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.
(b) Any Lender who accept information posted on the Designated Website as the method of communication 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 Borrower shall comply with any such request within ten (10) Business Days after receiving a written request from the Facility Agent.
Appears in 2 contracts
Sources: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iviii) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Sources: Credit Facility Agreement (Merck Kgaa /Fi), Credit Facility Agreement (E. Merck oHG)
Use of websites. (a) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company relevant Obligor and the Facility Agent designate an electronic website for this purpose;
(iii) the Company relevant Obligor notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company relevant Obligor and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company each Obligor must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the its website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company relevant Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 2 contracts
Sources: Facilities Agreement (Preem Holdings Ab Publ), Bridge Facility Agreement (Preem Holdings Ab Publ)
Use of websites. (a) Except as provided below, the Company or any other Obligor may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the that Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company or any other Obligor must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, or any other Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company or any other Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Sources: Credit Facility Agreement, Credit Facility Agreement (Shurgard Storage Centers Inc)
Use of websites. (a) Except as provided below, the Company Obligors’ Agent may deliver any information under this Agreement to a Lender Bank by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Bank agree;
(ii) the Company Obligors’ Agent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Obligors’ Agent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Obligors’ Agent and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company Obligors’ Agent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other LenderBank, if that Lender Bank so requests.
(c) The Company Obligors’ Agent must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs subparagraphs (i) or (ii) above occur, the Company Obligors’ Agent must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 2 contracts
Sources: Syndicated Loan Facility (Anglogold Ashanti LTD), Syndicated Bridge Loan Facility (Anglogold Ashanti LTD)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the such Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Sources: Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agreeagrees;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 2 contracts
Sources: Supplemental Agreement (Enodis PLC), Credit Facility Agreement (Enodis PLC)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by the Facility Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company Kosmos must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company must, Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this the Facility Agreement is posted on the website or amended after being posted. .
(D) If the circumstances in sub-paragraphs paragraph (iC)(i) or (ii) above occur, the Company an Obligor must supply any information required under this the Facility Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 2 contracts
Sources: Deed of Amendment and Restatement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (a) Except as provided below, the Company Parent may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company Parent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Parent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Parent and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Parent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Parent must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company Parent must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 2 contracts
Sources: Credit Facility (Tele2 Ab), Credit Facility (Tele2 Ab)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Borrower shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(i) the electronic website designated by the Borrower and the Facility Agent (the “Designated Website”) cannot be accessedaccessed due to technical failure;
(ii) the website password specifications for the Designated Website come into existence or change;
(iii) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(iv) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(v) the Borrower becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs Borrower notifies the Facility Agent under paragraph (i) or paragraph (iiv) above occurabove, all information to be provided by the Company must supply any information required Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Facility Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.
(b) Any Lender who accept information posted on the Designated Website as the method of communication 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 Borrower shall comply with any such request within ten (10) Business Days after receiving a written request from the Facility Agent.
Appears in 2 contracts
Sources: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Use of websites. (a) Except as provided below, the Company Borrower may deliver any information under this Agreement to a Lender Bank by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Bank agree;
(ii) the Company Borrower and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Borrower notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrower must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) within 10 ten (10) Business Days of request any other LenderBank, if that Lender Bank so requests.
(c) The Company Borrower must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Facility Agreement (Schneider Electric Sa)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender the Facility Agents by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of Agents with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or as otherwise agreed between the Company each Obligor and the Facility AgentAgents (whose approval will not be unreasonably withheld or delayed). The Facility Agent Agents must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company Kosmos must supply to the Facility Agent Agents in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agents in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(cC) The Company must, Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent Agents if:.
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. .
(D) If the circumstances in sub-paragraphs paragraph (iC)(i) or (ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company must, Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this the Facility Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs paragraph (iC)(i) or (iiC)(ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must will supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must Borrower shall supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within 10 Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company must, Each Obligor shall promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. .
(D) If the circumstances in sub-paragraphs paragraph (iC)(i) or (iiC)(ii) above occur, the Company must an Obligor shall supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company a Borrower may deliver any information under Clause 19 (Covenants) of this Agreement to a Lender by posting it any electronic means, or on to an electronic website if, in respect of the latter:
(i) the Facility Agent and the Lender agree;
(ii) the Company Borrower and the Facility Agent designate an electronic website for this purpose;
(iiiii) the Company Borrower notifies the Facility Agent of the address of and password for the website; and
(iviii) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrower must supply to the Facility Agent in paper form a copy of any information posted on the a website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) any other Bank, if that Bank so requests, within 10 ten Business Days of request any other Lender, if that Lender so requestssuch request.
(c) The Company must, Borrower must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the a designated website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 1 contract
Use of websites. (a) Except as provided below, the The Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website ifprovided that:
(i) the Company and the Facility Agent and the Lender agreeshall designate an electronic website for this purpose;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of have confirmed to each other the address of and password for the website; and
(iviii) the information posted is shall be in a format agreed between the Company and the Facility Agent. .
(b) The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bc) Notwithstanding the above, if so requested by the Facility Agent, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(cd) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. .
(e) If the circumstances in sub-paragraphs (id)(i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request request, any other Lender, if that Lender so requests.
(c) The Company must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs subparagraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Facilities Agent and the Lender agree, it being understood that, subject to paragraph (b) below, the Facilities Agent and all Original Lenders provide their consent for all of the information under Clause 25.1(a) (Financial statements) to be so delivered;
(ii) the Company and the Facility Facilities Agent designate an electronic website for this purposepurpose which, for the purpose of Clause 25.1(a) (Financial statements) hereof shall be ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, until and unless the Company sends written notice to the Facilities Agent advising of a change to the details of the website;
(iii) the Company notifies the Facility Facilities Agent of the address of and password (if any) for the websitewebsite (other than with respect to the information contemplated by Clause 25.1(a) (Financial statements) which shall be posted to the website identified in paragraph (ii) above); and
(iv) the information posted is in a format agreed between the Company and the Facility Facilities Agent. The Facility Facilities Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Facilities Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(c) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Facilities Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password (if any) for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs paragraph (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until during the Facility Agent is satisfied time that the circumstances giving rise to the notification are no longer continuingwebsite is not available.
Appears in 1 contract
Sources: Multicurrency Revolving Facilities Agreement (Carnival PLC)
Use of websites. (a) Except as provided below, the Company KDG may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Majority Lenders agree;
(ii) the Company KDG and the Facility Agent designate an electronic website for this purpose;
(iii) the Company KDG notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company KDG and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company KDG must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 five Business Days of request request, any other Lender, if that Lender so requests.
(c) The Company must, KDG must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company KDG must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 1 contract
Sources: Senior Credit Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;agrees; --------------------------------------------------------------------------------
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 1 contract
Sources: Bridge Loan Agreement (Enodis PLC)
Use of websites. (a) Except as provided below19.9.1 Unless otherwise agreed, the Company may deliver any information Borrowers shall satisfy their obligation under this Agreement to a Lender deliver any information by submitting the information to the Agent for posting it on to an onto Intralinks or Debt domain system or other electronic website if:designated by the Agent (the Designated Website).
(i) the Facility 19.9.2 The Agent shall supply each Lender and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender Borrowers with the address of and any relevant password specifications for the websiteDesignated Website following designation of that website by the Borrowers and the Agent in order for the Borrowers and the Lenders to obtain their respective passwords.
(b) Notwithstanding 19.9.3 Each of the above, Borrowers and the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Lenders shall promptly upon any of them becoming aware of its occurrence, occurrence notify the Facility Agent if:
(ia) the website Designated Website cannot be accessedaccessed due to technical failure;
(iib) the website password specifications for the Designated Website change;
(c) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(d) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(e) any Borrower or Lender becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-Agent is notified under paragraphs (ia) or (iie) above occurabove, the Company must supply any information required under this Agreement in paper form and until the Facility Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing (i) all information to be provided by the Borrowers under this Agreement after the date of that notice shall be supplied to the Agent in paper form and (ii) any Lender may request that the Borrowers supply such Lender, through the Agent, with a paper copy of any information required to be provided under this Agreement. The Borrowers shall comply with any such request within ten (10) Business Days.
Appears in 1 contract
Sources: Facility Agreement (DryShips Inc.)
Use of websites. (a) Except as provided below, the Company Borrower may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company Borrower and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Borrower notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrower must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Banking Days of request any other Lender, if that Lender so requests.
(c) The Company Borrower must, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessedaccessed due to a technical failure;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Sources: Facility Agreement (British Sky Broadcasting Group PLC)
Use of websites. (a) Except as provided below, the Company Borrowers may deliver any information under this Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Lenders agree;
(ii) the Company Borrowers and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies Borrowers notify the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Borrowers and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrowers must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Borrowers must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. .
(d) If the circumstances in sub-paragraphs paragraph (ic)(i) or (ii) above occur, the Company Borrowers must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Sources: Credit Facilities Agreement
Use of websites. (a) Except as provided below, the Company Parent may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company Parent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Parent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Parent and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Parent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Parent must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company Parent must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 1 contract
Sources: Multicurrency Credit Facilities Agreement (Alfa Laval Special Finance Ab)
Use of websites. (a) Except as provided below, the Company Issuer may deliver any information under this Agreement to a Lender Bridge Noteholder by posting it on to an electronic website if:
(i) the Facility Agent Trustee and the Lender Bridge Noteholders agree;
(ii) the Company Issuer and the Facility Agent Trustee designate an electronic website for this purpose;
(iii) the Company Issuer notifies the Facility Agent Trustee of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Issuer and the Facility AgentTrustee. The Facility Agent Trustee must supply each relevant Lender Bridge Noteholder with the address of and password for the website.
(b) Notwithstanding the above, the Company Issuer must supply to the Facility Agent Trustee in paper form a copy of any information posted on the website together with sufficient copies for:
(ic) any Lender Bridge Noteholder not agreeing to receive information via the website; andand 127
(iid) within 10 ten Business Days of request any other LenderBridge Noteholder, if that Lender Bridge Noteholder so requests.
(ce) The Company Issuer must, promptly upon becoming aware of its occurrence, notify the Facility Agent Trustee if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs subparagraphs (i) or (ii) above occur, the Company Issuer must supply any information required under this Agreement in paper form until the Facility Agent Trustee is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company Obligors may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company Borrower and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Borrower notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Borrower and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Borrower must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request by any other Lender, if that Lender so requests.
(c) The Company must, Borrower must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company Borrower must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by the Facility Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company Kosmos must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company must, Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this the Facility Agreement is posted on the website or amended after being posted. .
(D) If the circumstances in sub-paragraphs paragraph (iC)(i) or (iiC)(ii) above occur, the Company an Obligor must supply any information required under this the Facility Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract
Use of websites. (a) Except as provided below, the The Company may deliver any information satisfy its obligation under this Agreement to a Lender deliver any information in relation to those Lenders (the Website Lenders) who accept this method of communication by posting it on to this information onto an electronic website designated by the Company and the Facility Agent (the Designated Website) if:
(i) the Facility Agent and expressly agrees (after consultation with each of the Lender agreeLenders) that it will accept communication of the information by this method;
(ii) both the Company and the Facility Agent designate an electronic website are aware of the address of and any relevant password specifications for this purpose;the Designated Website; and
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format previously agreed between the Company and the Facility Agent. If any Lender (a Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Company accordingly and the Company shall supply the information to the Facility Agent (in sufficient copies for each Paper Form Lender) in paper form. In any event the Company shall supply the Facility Agent with at least one copy in paper form of any information required to be provided by it.
(b) The Facility Agent must shall supply each relevant Website Lender with the address of and any relevant password specifications for the website.
(b) Notwithstanding the above, Designated Website following designation of that website by the Company must supply to and the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requestsAgent.
(c) The Company must, shall promptly upon becoming aware of its occurrence, occurrence notify the Facility Agent if:
(i) the website Designated Website cannot be accessedaccessed due to technical failure;
(ii) the website or any information on password specifications for the website is infected by any electronic virus or similar softwareDesignated Website change;
(iii) the password for the website any new information which is changed; or
(iv) any information required to be supplied provided under this Agreement is posted on onto the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.Designated Website;
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request by any other Lender, if that Lender so requests.
(c) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessedaccessed due to a technical failure;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The the Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company Companys must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a) Except as provided below19.9.1 Unless otherwise agreed, the Company may deliver any information Borrowers shall satisfy their obligation under this Agreement to a Lender deliver any information by submitting the information to the Agent for posting it on to an onto the Intralinks or Debt domain system or other electronic website if:designated by the Agent (the Designated Website).
(i) the Facility 19.9.2 The Agent and the Lender agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must shall supply each relevant Lender with the address of and any relevant password specifications for the websiteDesignated Website following designation of that website by the Borrowers and the Agent.
(b) Notwithstanding 19.9.3 Each of the above, Borrowers and the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, Lenders shall promptly upon any of them becoming aware of its occurrence, occurrence notify the Facility Agent if:
(ia) the website Designated Website cannot be accessedaccessed due to technical failure;
(iib) the website password specifications for the Designated Website change;
(c) any new information which is required to be provided under this Agreement is posted onto the Designated Website;
(d) any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or
(e) any Borrower or Lender becomes aware that the Designated Website or any information on posted onto the website Designated Website is or has been infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-Agent is notified under paragraphs (ia) or (iie) above occurabove, the Company must supply any information required under this Agreement in paper form and until the Facility Agent and each Lender is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing (i) all information to be provided by the Borrowers under this Agreement after the date of that notice shall be supplied to the Agent in paper form and (ii) any Lender may request that the Borrowers supply such Lender, through the Agent, with a paper copy of any information required to be provided under this Agreement. The Borrowers shall comply with any such request within ten Business Days.
Appears in 1 contract
Use of websites. (aA) Except as provided below, the Company each Obligor may deliver any information under this the Facility Agreement to a Lender the Facility Agent by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company and the Facility Agent designate it maintains or has access to an electronic website for this purpose;
(iii) the Company notifies purpose and provides the Facility Agent of with the address of details and password for to access the websitewebsite and the information; and
(ivii) the information posted is in a format required by this Agreement or is otherwise agreed between the Company each Obligor and the Facility AgentAgent (whose approval shall not be unreasonably withheld or delayed). The Facility Agent must supply each relevant Lender with the address of and password for the website.
(bB) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender who notifies the Facility Agent in writing (copied to each Obligor) that it does not agreeing wish to receive information via the website; and
(ii) within 10 ten Business Days of request request, any other Lender, if that Lender so requests.
(cC) The Company must, Each Obligor must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this the Facility Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs paragraph (iC)(i) or (ii) above occur, the Company an Obligor must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingcontinuing and the information can be provided in accordance with paragraph (A) above.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement the Finance Documents to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Company agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) both the Company notifies and the Facility Agent are aware of the address of and any relevant password specifications for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and any relevant password specifications for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies forfor each Lender:
(i) any Lender not agreeing if so requested to receive information via do so by the websiteFacility Agent; and
(ii) if so required by a governmental requirement, within 10 ten Business Days of receipt of the request any other Lender, if that Lender so requestsor notification to the Company of the requirement.
(c) The Company must, Facility Agent must promptly upon becoming aware of its occurrence, notify the Facility Agent Company and Lenders if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any an electronic virus or similar software;
(iii) the relevant password specification for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If In the event the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuingform.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender Bank by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Bank agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender Bank with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender Bank not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other LenderBank, if that Lender Bank so requests.
(c) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any an electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no not longer continuing.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Facility (Scottish Power PLC)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender Majority Lenders agree;
(ii) the Company and the Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 five Business Days of request request, any other Lender, if that Lender so requests.
(c) The Company must, must promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessedaccessed due to technical failure;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Sources: Credit Facilities Agreement (Hungarian Telephone & Cable Corp)
Use of websites. (a) Except as provided below, the Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Coordinating Facility Agent and the Lender agree;
(ii) the Company and the Coordinating Facility Agent designate an electronic website for this purpose;
(iii) the Company notifies the Coordinating Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company and the Coordinating Facility Agent. The Coordinating Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company must supply to the Coordinating Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 Business Days of request any other Lender, if that Lender so requests.
(c) The Company must, promptly upon becoming aware of its occurrence, notify the Coordinating Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iv) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs (i) or (ii) above occur, the Company must supply any information required under this Agreement in paper form until the Coordinating Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Use of websites. (a) Except as provided below, the Parent or Company may deliver any information under this Agreement to a Lender by posting it on to an electronic website if:
(i) the Facility Agent and the Lender agree;
(ii) the Company Parent and the Facility Agent designate an electronic website for this purpose;
(iii) the Company Parent notifies the Facility Agent of the address of and password for the website; and
(iv) the information posted is in a format agreed between the Company Parent and the Facility Agent. The Facility Agent must supply each relevant Lender with the address of and password for the website.
(b) Notwithstanding the above, the Company Parent must supply to the Facility Agent in paper form a copy of any information posted on the website together with sufficient copies for:
(i) any Lender not agreeing to receive information via the website; and
(ii) within 10 ten Business Days of request any other Lender, if that Lender so requests.
(c) The Company mustParent must promptly, promptly upon becoming aware of its occurrence, notify the Facility Agent if:
(i) the website cannot be accessed;
(ii) the website or any information on the website is infected by any electronic virus or similar software;
(iii) the password for the website is changed; or
(iviii) any information to be supplied under this Agreement is posted on the website or amended after being posted. If the circumstances in sub-paragraphs paragraph (i) or (ii) above occuroccurs, the Parent and the Company must supply any information required under this Agreement in paper form until the Facility Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.
Appears in 1 contract
Sources: Credit Facility Agreement (Telesystem International Wireless Inc)