Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents. (b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documents. (c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 2 contracts
Samples: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that (A) the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (iiB) any Lender that has not notified the Administrative Agent and the or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Borrower shall be required to provide paper copies of the Borrower certificate required by Section 9.2 to Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the certificates required by Section 9.2, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 2 contracts
Samples: Loan Agreement (Strategic Hotels & Resorts, Inc), Loan Agreement (Strategic Hotels & Resorts, Inc)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as wxx.Xxxxx.xxx <hxxx://xxx.Xxxxx.xxx> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that (A) the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (iiB) any such Lender that has not notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) hours after on the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Borrower notifies the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipienthours, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central time on the opening of business on the next Business Day for the recipientDay. Notwithstanding anything contained herein, in every instance the Borrower shall deliver be required to provide paper copies of any documents the certificate required by Section 9.3 to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given Agent. Except for the certificates required by Section 9.3, the Administrative Agent or such Lxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 2 contracts
Samples: Term Loan Agreement (RLJ Lodging Trust), Term Loan Agreement (RLJ Lodging Trust)
Electronic Delivery of Certain Information. (ai) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.xxx.xxx or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that (A) the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (iiB) any Lender that has not notified the Administrative Agent and the or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or Agent, the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance the Borrower Parent shall be required to provide paper copies of the certificate required by Section 7.1.(a)(iii) to the Administrative Agent (absent consent otherwise from the Administrative Agent), and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Parent or any other Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(bii) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower and/or the Lenders by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 2 contracts
Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)
Electronic Delivery of Certain Information. (a) Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents may shall be delivered delivered, in addition to the method set forth in Section 14.1 above, by electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent), provided that no Lender has notified Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Borrower may be deemed to have been delivered twenty four (24) hours after the date and time on which the posted by Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies shall notify each Lender of said posting and provides shall provide a link thereto provided if thereto. It being understood that the posting of said documents shall constitute notice and delivery of such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date documents to Lenders by Administrative Agent as required hereunder and time delivery shall be deemed properly given pursuant to have commenced Section 14.1 as of 11:00 a.m. Central time on the opening date of business on the next Business Day for the recipientsaid posting by Administrative Agent. Notwithstanding anything contained hereinherein but subject to the terms and provisions of Section 4.12(d) hereof, the in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of any all documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx(on behalf of Lenders). The Except for the Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documents.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.xxx.xxx <xxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and II., (ii) any Lender that has notified the Administrative Agent and the or Borrower that it cannot or does not want to receive electronic communicationscommunications and (iii) notices of Default or Event of Default. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the Compliance Certificate required by Section 9.3. to the Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the Compliance Certificates required by Section 9.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 2 contracts
Samples: Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.xxx.xxx <xxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty (i) twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or (ii) the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto thereto; provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central Pacific time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the certificate required by Section 8.1(c) to the Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the certificates required by Section 8.1(c), the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 2 contracts
Samples: Credit Agreement (Healthcare Trust of America Holdings, LP), Credit Agreement (Healthcare Trust of America, Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxXxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 2 contracts
Samples: Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.xxx.xxx <xxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent or Agent, the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and or the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver deliver, or cause to be delivered, paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Term Loan Agreement (Colonial Realty Limited Partnership)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that that: (i) the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II; and (ii) any the Lender that has not notified the Administrative Agent and the or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time 12:00 noon on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Borrower shall be required to provide paper copies of the Borrower certificate required by Section 8.12(g) to Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the certificates required by Section 8.12(g), Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Revolving Loan Agreement (RREEF Property Trust, Inc.)
Electronic Delivery of Certain Information. (a) a. Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that that: (i) the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II; and (ii) any the Lender that has not notified the Administrative Agent and the or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time 12:00 noon on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance Borrower shall be required to provide paper copies of the Borrower certificate required by Section 8.12(g) to Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the certificates required by Section 8.12(g), Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) b. Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Revolving Loan Agreement (RREEF Property Trust, Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. (provided such notices may be by e-mail) and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Credit Agreement (Dividend Capital Diversified Property Fund Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (ii) any Lender (other than Xxxxx Fargo Bank) that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that (A) the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (iiB) any such Lender that has not notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) hours after on the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Borrower notifies the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipienthours, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central time on the opening of business on the next Business Day for the recipientDay. Notwithstanding anything contained herein, in every instance the Borrower shall deliver be required to provide paper copies of any documents the certificate required by Section 9.3. to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given Agent. Except for the certificates required by Section 9.3., the Administrative Agent or such Lxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documents.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered by the Parent or Borrower to the Administrative Agent by e-mail to an e-mail address designated by the Administrative Agent in or pursuant to Section 12.1. shall be deemed received by the Administrative Agent upon the Parent’s or the Borrower’s receipt of an automated delivery receipt (such as by the “return receipt requested” function, as available) or written acknowledgement from the Administrative Agent; provided that if such email is not sent during normal business hours of the Administrative Agent, such notice or communication shall be deemed to have been sent at the opening of the next Business Day of the Administrative Agent. For this purpose, “normal business hours” of the Administrative Agent shall mean the period of time commencing at 9:00 a.m. and ending at 5:00 p.m. Eastern time. Documents and notices delivered by the Loan Parties by posting to an Internet or intranet website shall be delivered in accordance with the procedures provided in subsection (c) of this Section. Documents or notices delivered electronically by the Administrative Agent by posting to an Internet or intranet website shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto thereto, provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central 12:00 noon Eastern time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, the Borrower Parent and the Borrower, as applicable, shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents Notwithstanding anything to the contrary herein, documents and notices required to be delivered by the Loan Parties pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) Loan Documents shall be deemed to have been delivered by, and delivery effective at the time of, the public filing of the same in electronic format with the SEC or by posting the same on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent and each Lender have access; provided that access so long as the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide provides notice to the Administrative Agent of such filing or posting within 5 Business Days after documents and notices are filed with the SEC or posted to the Parent’s website.
(l) The Credit Agreement is amended by eadding the following provision to Section 9.1.(f): If either the Parent or the Borrower redeems any of its Equity Interests in connection with the common shares of the Parent becoming listed or admitted to trading on a national securities exchange or designated for quotation on the NASDAQ Global Select Market or the NASDA Global Market (the “Redemption Event”), the Parent shall have the option, exercisable one time within 90 days of the Redemption Closing Date (as defined below), to restate the Tangible Net Worth covenant to provide that Tangible Net Worth will not at any time be less than the amount that is equal to (i) 85.0% of Tangible Net Worth calculated as of end of the fiscal quarter most recently ended prior to the Redemption Closing Date giving pro forma effect to the amount of the redemptions made in connection with the Redemption Event to the extent that such redemptions are permitted under this Agreement as though all such redemptions occurred prior to the end of such fiscal quarter plus (ii) 85.0% of the Net Proceeds of all Equity Issuances effected at any time after the date that Tangible Net Worth is recalculated for purposes of the immediately preceding clause (i) of this paragraph. In no event shall the amount provided in clause (i) of this paragraph be less than $1,200,000,000. To exercise this option, the Parent shall provide written notice (the “TNW Reset Notice”) to the Administrative Agent that it elects to restate the Tangible Net Worth covenant in the manner provided above, which notice shall include reasonably detailed calculations, certified by the chief financial officer of the Parent, demonstrating what is the Tangible Net Worth of the Parent as of the date of the TNW Reset Notice. If at any time during the period from and including the first date on which any Equity Interests of the Parent or the Borrower are redeemed in connection with the Redemption Event to but excluding the date of the TNW Reset Notice, the Parent has not complied with the Tangible Net Worth covenant in this Section solely as a result of the Redemption Event, such non-mail electronic versions compliance shall not be deemed to be an Event of or electronic links to Default so long as at all times during such documentsperiod Tangible Net Worth is not less than $1,200,000,000. For purposes of this Section, “Redemption Closing Date” means the date on which the Redemption Event is concluded.
(m) The Credit Agreement is amended by deleting subsection (b) from Section 9.2.
(n) The Credit Agreement is amended by restating Section 9.3. in its entirety as follows:
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents may shall be delivered delivered, in addition to the method set forth in Section 14.1 above, by - 148 - electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com or a website sponsored or hosted by the Administrative Agent), provided that no Lender has notified Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its reasonable discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Borrower may be deemed to have been delivered twenty four (24) hours after the date and time on which the posted by Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies shall notify each Lender of said posting and provides shall provide a link thereto provided if thereto. It being understood that the posting of said documents shall constitute notice and delivery of such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date documents to Lenders by Administrative Agent as required hereunder and time delivery shall be deemed properly given pursuant to have commenced Section 14.1 as of 11:00 a.m. Central time on the opening date of business on the next Business Day for the recipientsaid posting by Administrative Agent. Notwithstanding anything contained herein, the in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of any all documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx(on behalf of Lenders). The Except for the Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documents.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Electronic Delivery of Certain Information. (a) Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents may shall be delivered delivered, in addition to the method set forth in Section 10.6 above, by electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com xxxx://xxx.Xxxxx.com or xxx.xxxxxxxx.xxx or a website sponsored or hosted by the Administrative Agent), provided that no Lender has notified Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Xxxxxxxx may be deemed to have been delivered twenty four (24) hours after the date and time on which the posted by Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies shall notify each Lender of said posting and provides shall provide a link thereto provided if thereto. It being understood that the posting of said documents shall constitute notice and delivery of such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date documents to Lenders by Administrative Agent as required hereunder and time delivery shall be deemed properly given pursuant to have commenced Section 10.6 as of 11:00 a.m. Central time on the opening date of business on the next Business Day for the recipientsaid posting by Administrative Agent. Notwithstanding anything contained hereinUnless otherwise requested by Administrative Agent, the Borrower shall deliver not be required to provide paper copies of any documents reports or other materials submitted to the Administrative Agent pursuant to Section 5.1.11 or to in connection with any Lender that requests such paper copies until a written request to cease delivering paper copies is given by for disbursements from Reserve Funds. Except for the Administrative Agent or such Lxxxxx. The Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) . Documents required to be delivered pursuant to Article II by Borrower may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents may shall be delivered delivered, in addition to the method set forth in Section 14.1 above, by electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as wxx.Xxxxx.xxx or a website sponsored or hosted by the Administrative Agent), provided that no Lender has notified Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its reasonable discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Borrower may be deemed to have been delivered twenty four (24) hours after the date and time on which the posted by Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies shall notify each Lender of said posting and provides shall provide a link thereto provided if thereto. It being understood that the posting of said documents shall constitute notice and delivery of such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date documents to Lenders by Administrative Agent as required hereunder and time delivery shall be deemed properly given pursuant to have commenced Section 14.1 as of 11:00 a.m. Central time on the opening date of business on the next Business Day for the recipientsaid posting by Administrative Agent. Notwithstanding anything contained herein, the in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of any all documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx(on behalf of Lenders). The Except for the Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documents.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Credit Agreement (NETSTREIT Corp.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the any Issuing Bank) pursuant to Article II II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Credit Agreement (NETSTREIT Corp.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that (A) the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (iiB) any such Lender that has not notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) hours after on the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Borrower notifies the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipienthours, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central time on the opening of business on the next Business Day for the recipientDay. Notwithstanding anything contained herein, in every instance the Borrower shall deliver be required to provide paper copies of any documents the certificate required by Section 9.3 to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given Agent. Except for the certificates required by Section 9.3, the Administrative Agent or such Lxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as wwx.xxx.xxx <htxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent or the BorrowerParent (including, without limitation, on the Parent’s website)) provided that (i) the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (ii) any Lender that has not notified the Administrative Agent and Agent, the Parent or the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent Agent, the Parent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent Agent, the Parent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central time on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, in every instance the Borrower Parent shall be required to provide paper copies of the certificate required by Section 9.3. to the Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the certificates required by Section 9.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Parent or the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Parent or the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Credit Agreement (Excel Trust, Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any II. if such Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically by posting to an Internet or intranet website shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto thereto; provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central Eastern time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website or email address provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central Pacific time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the certificate required by Section 9.3. to the Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the certificates required by Section 9.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents If requested by Administrative Agent, documents required to be delivered by Borrower pursuant to the Loan Documents may shall be delivered delivered, in addition to the method set forth in Section 16.24 above, by electronic communication and delivery, including, including the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender Party have access (including a commercial, third-party website such as xxx.Xxxxx.com <xxxx://xxx.Xxxxx.com> or a website sponsored or hosted by the Administrative Agent), provided that no Lender Party has notified Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall by Borrower may be deemed to have been delivered twenty four (24) hours after the date and time on which the posted by Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies shall notify each Lender Party of said posting and provides shall provide a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day for the recipientthereto. Notwithstanding anything contained herein, the in every instance Borrower shall be required to provide paper copies of any Officer’s Certificate to Administrative Agent and shall deliver paper copies of any all documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx(on behalf of Lender Parties). The Except for the Officer’s Certificate, Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronicallyelectronically and, and in any event event, shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender Party shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documents.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Loan Agreement (Dividend Capital Total Realty Trust Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.xxx.xxx or a website sponsored or hosted by the Administrative Agent or the BorrowerParent) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (ii) any Lender that has notified the Administrative Agent and Agent, the Parent or the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) hours after on the date and at the time on which the Administrative Agent Agent, the Parent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent Agent, the Parent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central Pacific time on the opening of business on the next Business Day for the recipient. Notwithstanding anything contained herein, the Borrower shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lxxxxx. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Parent or the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent Agent, the Parent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent Agent, the Parent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central 12:00 noon Eastern time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, the Borrower Parent and the Borrower, as applicable, shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents Notwithstanding anything to the contrary herein, documents and notices required to be delivered by the Loan Parties pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) Loan Documents shall be deemed to have been delivered by the public filing of the same in electronic format with the SEC or by posting the same on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent and each Lender have access; provided that access so long as the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide provides notice to the Administrative Agent by e-mail electronic versions of such filing or electronic links posting within 5 Business Days after documents and notices are filed with the SEC or posted to such documentsthe Parent’s website.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.xxx.xxx <xxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central Pacific time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the certificate required by Section 9.3 to the Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the certificate required by Section 9.3, the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Hudson Pacific Properties, L.P.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.xxx.xxx <xxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II, and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty four (24) hours after on the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 9:00 a.m. Central time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance upon request the Borrower shall be required to provide paper copies of the certificate required by Section 9.3 to the Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies in a written request related specifically to any such document until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for the certificates required by Section 9.3, the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents Notwithstanding anything to the contrary contained in Section 9.3, Section 9.4, and Section 9.5, the Borrower and each other Loan Party and/or their Subsidiaries, as applicable, may satisfy any obligation to deliver financial statements and/or other information, notices or certificates required to be delivered pursuant to this Article IX (to thereunder by publically filing the extent any such documents are included same in materials otherwise filed electronic format with the SEC) shall be deemed to have been delivered Securities and Exchange Commission, provided that such statement and/or information is publicly available, free of charge from the Securities and Exchange Commission on the date internet at xxxx://xxx.xxx.xxx, within five (i5) on which Parent posts such documentsBusiness Days of the filing thereof, or provides a link thereto on Parent’s website if posted solely on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SECBorrower’s website, by providing notice to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documentsposting.
Appears in 1 contract
Samples: Loan Agreement (Equity One, Inc.)
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the Issuing Bank) pursuant to Article II II. and (ii) any Lender that has notified the Administrative Agent and the Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent Agent, the Parent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered by the Parent or Borrower to the Administrative Agent by e-mail to an e-mail address designated by the Administrative Agent in or pursuant to Section 12.1. shall be deemed received by the Administrative Agent upon the Parent’s or the Borrower’s receipt of an automated delivery receipt (such as by the “return receipt requested” function, as available) or written acknowledgment from the Administrative Agent; provided that if such email is not sent during normal business hours of the Administrative Agent, such notice or communication shall be deemed to have been sent at the opening of the next Business Day of the Administrative Agent. For this purpose, “normal business hours” of the Administrative Agent shall mean the period of time commencing at 9:00 a.m. and ending at 5:00 p.m. Eastern time. Documents and notices delivered by the Loan Parties by posting to an Internet or intranet website shall be delivered in accordance with the procedures provided in subsection (c) of this Section. Documents or notices delivered electronically by the Administrative Agent by posting to an Internet or intranet website shall be deemed to have been delivered twenty four (24) 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto thereto, provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central 12:00 noon Eastern time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, the Borrower Parent and the Borrower, as applicable, shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxLender. The Except for Compliance Certificates, the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents Notwithstanding anything to the contrary herein, documents and notices required to be delivered by the Loan Parties pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) Loan Documents shall be deemed to have been delivered by, and delivery effective at the time of, the public filing of the same in electronic format with the SEC or by posting the same on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent and each Lender have access; provided that access so long as the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide provides notice to the Administrative Agent by e-mail electronic versions of such filing or electronic links posting within 5 Business Days after documents and notices are filed with the SEC or posted to such documentsthe Parent’s website.
Appears in 1 contract
Electronic Delivery of Certain Information. (a) Documents required to be delivered pursuant to the Loan Documents may shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as xxx.xxx.xxx <xxxx://xxx.xxx.xxx> or a website sponsored or hosted by the Administrative Agent Agent, the Parent or the Borrower) provided that the foregoing shall not apply to (i) notices to any Lender (or the any Issuing Bank) pursuant to Article II II. and (ii) any Lender that has notified the Administrative Agent Agent, the Parent and the Borrower that it cannot or does not want to receive electronic communications, (iii) notices of Default or Event of Default. The Administrative Agent Agent, the Parent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered twenty twenty-four (24) hours after the date and time on which the Administrative Agent Agent, the Parent or the Borrower posts such documents or the documents become available on a commercial website, website and the Administrative Agent Agent, the Parent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 11:00 a.m. Central time on the opening of business on the next Business Day business day for the recipient. Notwithstanding anything contained herein, in every instance the Parent or the Borrower shall be required to provide paper copies of the certificate required by Section 9.3. to the Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such LxxxxxAgent. The Except for the certificates required by Section 9.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.
(b) Documents required to be delivered pursuant to Article II II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Parent and the Borrower by the Administrative Agent or by e-mail; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of such documentsAgent.
(c) Documents required to be delivered pursuant to this Article IX (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date (i) on which Parent posts such documents, or provides a link thereto on Parent’s website on the Internet, or (ii) on which such documents are posted on Parent’s behalf on an Internet or intranet website, including the SEC’s website, to which each Lender and the Administrative Agent have access; provided that the Borrower shall use commercially reasonable efforts to notify the Administrative Agent (by facsimile or e-mail) of the posting of any such documents and provide to the Administrative Agent by e-mail electronic versions of or electronic links to such documents.
Appears in 1 contract
Samples: Credit Agreement (Saul Centers Inc)
