Common use of Use of websites Clause in Contracts

Use of websites. 18.6.1 The Borrower may satisfy its obligations under this Agreement to deliver any information in relation to those Lenders who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Agent (the "Designated Website") if: 18.6.1.1 the Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; 18.6.1.2 each of the Borrower and the Agent are aware of the address of and any relevant password specifications for the Designated Website; 18.6.1.3 the information is in a format previously agreed between the Borrower and the Agent; and 18.6.1.4 subject to any relevant password specifications, the information on the Designated Website is capable of being downloaded. 18.6.2 If any Lender does not agree to the delivery of information electronically then the Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Agent (in sufficient copies for each relevant Lender) in paper form. In any event the Borrower shall supply the Agent with at least one copy in paper form of any information required to be provided by it. 18.6.3 The Agent shall supply each relevant Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Agent. 18.6.4 The Borrower shall promptly upon becoming aware of its occurrence notify the Agent if: 18.6.4.1 the Designated Website cannot be accessed or information on the Designated Website cannot be downloaded, in each case, due to technical failure; 18.6.4.2 the relevant password specifications for the Designated Website change; 18.6.4.3 any new information which is required to be provided under this Agreement is posted onto the Designated Website; 18.6.4.4 any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or 18.6.4.5 the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. 18.6.5 If the Borrower notifies the Agent under Clause 18.6.4.1 or Clause 18.6.4.5 above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Agent and the relevant Lenders are satisfied that the circumstances giving rise to the notification are no longer continuing. 18.6.6 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 Borrower shall comply with any such request within ten Business Days.

Appears in 2 contracts

Sources: Credit Agreement (Corporate Property Associates 16 Global Inc), Credit Agreement (Corporate Property Associates 16 Global Inc)

Use of websites. 18.6.1 19.10.1. The Original Borrower may satisfy its obligations obligation under this Agreement to deliver any information in relation to those Lenders (the Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Original Borrower and the Facility Agent (the "Designated Website") if: 18.6.1.1 19.10.1.1. the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; 18.6.1.2 each of 19.10.1.2. both the Original Borrower and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website;; and 18.6.1.3 19.10.1.3. the information is in a format previously agreed between the Original Borrower and the Facility Agent; and 18.6.1.4 subject to any relevant password specifications, the information on the Designated Website is capable of being downloaded. 18.6.2 . If any Lender (a Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Original Borrower accordingly and the Original Borrower shall at its own cost supply the information to the Facility Agent (in sufficient copies for each relevant Paper Form Lender) in paper form. In any event the Original Borrower shall at its own cost supply the Facility Agent with at least one copy in paper form of any information required to be provided by it. 18.6.3 19.10.2. The Facility Agent shall supply each relevant Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Original Borrower and the Facility Agent. 18.6.4 19.10.3. The Original Borrower shall promptly upon becoming aware of its occurrence notify the Facility Agent if: 18.6.4.1 19.10.3.1. the Designated Website cannot be accessed or information on the Designated Website cannot be downloaded, in each case, due to technical failure; 18.6.4.2 19.10.3.2. the relevant password specifications for the Designated Website change; 18.6.4.3 19.10.3.3. any new information which is required to be provided under this Agreement is posted onto the Designated Website; 18.6.4.4 19.10.3.4. any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or 18.6.4.5 19.10.3.5. the Original Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. 18.6.5 19.10.4. If the Original Borrower notifies the Facility Agent under Clause 18.6.4.1 19.10.3.1 or Clause 18.6.4.5 above19.10.3.5, all information to be provided by the Original Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Facility Agent and the relevant Lenders are each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 18.6.6 19.10.5. Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Original Borrower shall at its own cost comply with any such request within ten 10 (ten) Business Days.

Appears in 2 contracts

Sources: Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD), Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)

Use of websites. 18.6.1 21.8.1. The Borrower may satisfy its obligations obligation under this Agreement to deliver any information in relation to those Lenders (Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower and the Facility Agent (the "Designated Website") if: 18.6.1.1 21.8.1.1. the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; 18.6.1.2 each of 21.8.1.2. both the Borrower and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website;; and 18.6.1.3 21.8.1.3. the information is in a format previously agreed between the Borrower and the Facility Agent; and 18.6.1.4 subject to any relevant password specifications, the information on the Designated Website is capable of being downloaded. 18.6.2 21.8.2. If any Lender (Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Borrower accordingly and the Borrower shall supply the information to the Facility Agent (in sufficient copies for each relevant Paper Form Lender) in paper form. In any event the Borrower shall supply the Facility Agent with at least one copy in paper form of any information required to be provided by it. 18.6.3 21.8.3. The Facility Agent shall supply each relevant Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Facility Agent. 18.6.4 21.8.4. The Borrower shall promptly upon becoming aware of its occurrence notify the Facility Agent if: 18.6.4.1 21.8.4.1. the Designated Website cannot be accessed or information on the Designated Website cannot be downloaded, in each case, due to technical failure; 18.6.4.2 21.8.4.2. the relevant password specifications for the Designated Website change; 18.6.4.3 21.8.4.3. any new information which is required to be provided under this Agreement is posted onto the Designated Website; 18.6.4.4 21.8.4.4. any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or 18.6.4.5 21.8.4.5. the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. 18.6.5 If the Borrower notifies the Agent under Clause 18.6.4.1 or Clause 18.6.4.5 above, all information to be provided by the Borrower under this Agreement after the date of that notice shall be supplied in paper form unless and until the Agent and the relevant Lenders are satisfied that the circumstances giving rise to the notification are no longer continuing. 18.6.6 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 Borrower shall comply with any such request within ten Business Days.

Appears in 1 contract

Sources: Term and Revolving Credit Facilities Agreement (Harmony Gold Mining Co LTD)

Use of websites. 18.6.1 19.8.1 The Borrower Parent may satisfy its obligations obligation under this Agreement the Finance Documents to deliver any information in relation to those Lenders (the Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Parent and the Facility Agent (the "Designated Website") if: 18.6.1.1 19.8.1.1 the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; 18.6.1.2 each of 19.8.1.2 both the Borrower Parent and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website;; and Gold Fields_ RCF Table of Contents 18.6.1.3 19.8.1.3 the information is in a format previously agreed between the Borrower Parent and the Facility Agent; and 18.6.1.4 subject to any relevant password specifications, the information on the Designated Website is capable of being downloaded. 18.6.2 19.8.2 If any Lender (a Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Borrower Parent accordingly and the Borrower Parent shall supply the information to the Facility Agent (in sufficient copies for each relevant Paper Form Lender) in paper form. In any event the Borrower Parent shall supply the Facility Agent with at least one copy in paper form of any information required to be provided by it. 18.6.3 19.8.3 The Facility Agent shall supply each relevant Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower Parent and the Agent. 18.6.4 19.8.4 The Borrower Parent shall promptly upon becoming aware of its occurrence notify the Facility Agent if: 18.6.4.1 19.8.4.1 the Designated Website cannot be accessed or information on the Designated Website cannot be downloaded, in each case, due to technical failure; 18.6.4.2 19.8.4.2 the relevant password specifications for the Designated Website change; 18.6.4.3 19.8.4.3 any new information which is required to be provided under this Agreement the Finance Documents is posted onto the Designated Website; 18.6.4.4 19.8.4.4 any existing information which has been provided under this Agreement the Finance Documents and posted onto the Designated Website is amended; or 18.6.4.5 19.8.4.5 the Borrower Parent becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. 18.6.5 19.8.5 If the Borrower Parent notifies the Facility Agent under Clause 18.6.4.1 Clauses 19.8.4.1 or Clause 18.6.4.5 19.8.4.5 above, all information to be provided by the Borrower Parent under this Agreement the Finance Documents after the date of that notice shall be supplied in paper form unless and until the Facility Agent and the relevant Lenders are each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 18.6.6 19.8.6 Any Website Lender may request, through the Facility Agent, one 1 (one) paper copy of any information required to be provided under this Agreement the Finance Documents which is posted onto the Designated Website. The Borrower Parent shall comply with any such request within ten 10 (ten) Business Days.

Appears in 1 contract

Sources: Zar Revolving Credit Facility Agreement (Gold Fields LTD)

Use of websites. 18.6.1 21.11.1 The Borrower Obligors’ Agent may satisfy its obligations obligation under this Agreement to deliver any information in relation to those Lenders (Website Lenders) who accept this method of communication by posting this information onto an electronic website designated by the Borrower Obligors’ Agent and the Facility Agent (the "Designated Website") if: 18.6.1.1 21.11.1.1 the Facility Agent expressly agrees (after consultation with each of the Lenders) that it will accept communication of the information by this method; 18.6.1.2 each of 21.11.1.2 both the Borrower Obligors’ Agent and the Facility Agent are aware of the address of and any relevant password specifications for the Designated Website;; and 18.6.1.3 21.11.1.3 the information is in a format previously agreed between the Borrower Obligors’ Agent and the Facility Agent; and 18.6.1.4 subject to any relevant password specifications, the information on the Designated Website is capable of being downloaded. 18.6.2 21.11.2 If any Lender (Paper Form Lender) does not agree to the delivery of information electronically then the Facility Agent shall notify the Borrower Obligors’ Agent accordingly and the Borrower Common Terms Agreememt_Execution Obligors’ Agent shall supply the information to the Facility Agent (in sufficient copies for each relevant Paper Form Lender) in paper form. In any event the Borrower Obligors’ Agent shall supply the Facility Agent with at least one copy in paper form of any information required to be provided by it. 18.6.3 21.11.3 The Facility Agent shall supply each relevant Website Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Borrower and the Facility Agent. 18.6.4 21.11.4 The Borrower Obligors’ Agent shall promptly upon becoming aware of its occurrence notify the Facility Agent if: 18.6.4.1 21.11.4.1 the Designated Website cannot be accessed or information on the Designated Website cannot be downloaded, in each case, due to technical failure; 18.6.4.2 21.11.4.2 the relevant password specifications for the Designated Website change; 18.6.4.3 21.11.4.3 any new information which is required to be provided under this Agreement is posted onto the Designated Website; 18.6.4.4 21.11.4.4 any existing information which has been provided under this Agreement and posted onto the Designated Website is amended; or 18.6.4.5 21.11.4.5 the Borrower becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. 18.6.5 21.11.5 If the Borrower Obligors’ Agent notifies the Facility Agent under Clause 18.6.4.1 Clauses 21.11.4.1 or Clause 18.6.4.5 21.11.4.5 above, all information to be provided by the Borrower Obligors’ Agent under this Agreement after the date of that notice shall be supplied in paper form unless and until the Facility Agent and the relevant Lenders are each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing. 18.6.6 21.11.6 Any Website Lender may request, through the Facility Agent, one paper copy of any information required to be provided under this Agreement which is posted onto the Designated Website. The Borrower Obligors’ Agent shall comply with any such request within ten 10 (ten) Business Days.

Appears in 1 contract

Sources: Common Terms Agreement (Harmony Gold Mining Co LTD)